A. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of six months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee's franchise or this chapter, or the franchise has been terminated, canceled or has expired, the grantee, upon being given ten days' notice shall promptly at no expense to the city remove from the streets or public places all such above-ground property and poles of such system other than any which the city engineer may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to the condition satisfactory to the public works director. Removal of abandoned property if not performed by grantee, may be done by the grantor and billed to the grantee at grantor's option.
B. Any property of the grantee remaining in place one year after the termination or expiration of the franchise shall be considered permanently abandoned.
C. Any above-ground property of the grantee to be abandoned in place shall be abandoned in such a manner as the city engineer shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the grantee in place, the property shall become that of the city and the grantee shall submit to the public works director an instrument in writing, to be approved by the city council, transferring to the city the ownership of such property.
D. Any and all street and public ways disturbed or damaged during the construction, operation, maintenance, or reconstruction of the system, shall be promptly restored by the grantee, at its sole expense, to their original condition unless otherwise authorized in writing by grantor.
(Ord. 505 § 1(part), 1987).