A. Disposition of facilities. In the event a franchise expires, is revoked, or otherwise terminated, the Grantor may order the removal of the above-ground system facilities from the franchise area within a reasonable period of time as determined by the Grantor or require the original Grantee to maintain and operate its cable system for a period not to exceed twenty-four (24) months as indicated in Subsection D. below.
B. Restoration of property. In removing its plant, structures, and equipment, the Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the Grantee's removal of its equipment without affecting the electrical or telephone cable wires, or attachments. The liability, indemnity and insurance, and the security fund and bonds provided shall continue in full force and effect during the period of removal and until full compliance by the Grantee with the terms and conditions of this Section.
C. Restoration by grantor, reimbursement of costs. In the event of a failure by the Grantee to complete any work required by Subsections A. or B. above, or any other work required by the Grantor by law or regulation, within ninety (90) days after receipt of written notice, and to the satisfaction of the Grantor, the Grantor may cause such work to be done and the Grantee shall reimburse the Grantor the cost thereof within thirty (30) days after receipt of an itemized list of such costs or the Grantor may recover such costs through the security fund or bonds provided by the Grantee. The Grantor shall be permitted to seek legal and equitable relief to enforce the provisions of this Subchapter. Except as to the payment by the Franchise to the City of such itemized amounts, the City shall indemnify and hold the Franchisee harmless from and against any and all claims, liabilities, losses, damages and expenses arising from or related to any gross negligence in the performance by the City of such work.
D. Extended operation. Upon either the expiration or revocation of a franchise, the Grantor may require the Grantee to continue to operate the Cable Communications System for a defined period of time not to exceed twenty-four (24) months from the date of such expiration or revocation. The Grantee shall, as trustee for its successor in interest, continue to operate the Cable Communications System under the terms and conditions of this Chapter and the Franchise Agreement and to provide the regular cable service and any of the other services that may be provided at that time. The Grantor shall be permitted to seek legal and equitable relief to enforce the provisions of this Subchapter.
E. Grantor's right not affected. The termination and forfeiture of any franchise shall in no way affect any of the rights of the Grantor under any provision of law.
F. Receivership and foreclosure.
1. Any franchise granted shall, at the option of the Grantor, cease and terminate one hundred twenty (120) days after the appointment of a receiver or receivers or trustee or trustees to take over and conduct the business of the Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, unless:
a. Such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Chapter and the franchise granted pursuant hereto, and the receivers or trustees within these one hundred twenty (120) days shall have remedied all defaults under the franchise; and
b. Such receivers or trustees shall, within these one hundred twenty (120) days, execute an agreement duly approved by the Court having jurisdiction on the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the Franchise Agreement.
2. In the case of a foreclosure or other involuntary sale of the plant, property and equipment of the Grantee, or any part thereof, the Grantor may serve notice of termination upon the Grantee and to the purchaser at such sale, in which event the franchise, and all rights and privileges of the Grantee hereunder, shall cease and terminate thirty (30) days after service of such notice, unless:
a. The Grantor shall have approved the transfer of the franchise, as provided in this Chapter; and
b. Such successful purchaser shall have covenanted and agreed with the Grantor to assume and be bound by all the terms and conditions of the Franchise Agreement.
('65 Code, § 35B-3(o)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)