§ 111.43  ABANDONMENT OR REMOVAL OF FRANCHISE PROPERTY.
   (A)   In the event that the use of any property of the grantee within the franchise area or a portion thereof is discontinued for a continuous period of 12 months, the grantee shall be deemed to have abandoned that property. The grantee shall be afforded 30-days’ advance notice before this provision may be implemented.
   (B)   The grantor, upon such terms as the grantor may impose, may give the grantee permission to abandon, without removing, any system facility or equipment laid, directly constructed, operated or maintained in, on, under or over the franchise area. Unless the permission is granted or unless otherwise provided in this chapter, the grantee shall remove all abandoned facilities and equipment upon receipt of written notice from the grantor and shall restore any affected street to its former state at the time the facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation made by or on behalf of the grantee and shall leave all streets and other public ways and places in as good condition as that prevailing prior to the removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. The grantor shall have the right to inspect and approve the condition of the streets, public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security fund provided for in the franchise agreement shall continue in full force and effect during the period of removal and until full compliance by grantee with the terms and conditions of this section.
   (C)   Upon abandonment of any franchise property in place and the notice required under division (A) above, the grantee, if required by the grantor, shall submit to the grantor a bill of sale and/or other an instrument, satisfactory in form and content to the grantor, transferring to the grantor the ownership of the franchise property abandoned.
   (D)   At the expiration of the term tor which the franchise is granted, or upon us earlier revocation or termination, as provided for herein and/or in the franchise agreement, in any such case without renewal, extension or transfer, the grantor shall have the right to require grantee to remove, at its own expense, all above-ground portions of the cable television system from all streets and public ways within the city within a reasonable period of time, which shall not be less than 180 days.
   (E)   Notwithstanding anything to the contrary set forth in this chapter, the grantee may, with the consent of the grantor, abandon any underground franchise property in place so long as it does not materially interfere with the use of the street or public rights-of-way in which the property is located or with the use thereof by any public utility or other cable grantee.
(Ord. 78, passed 10-13-1997)