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(A) (1) The city reserves the right to decide that any franchise, granted under this chapter and all rights and privileges of the grantee hereunder should be revoked in the event that the grantee:
(a) Fails to complete construction as specified herein;
(b) Breaches or violates any material provision of this chapter or other valid and enforceable ordinances or regulations of the city;
(c) Practices fraud or deception upon the city, which actions may include any attempt to purposefully evade or avoid any of the provisions of this chapter;
(d) Is adjudged bankrupt, has a receiver appointed for it, makes an assignment for the benefit of creditors, or has a significant amount of its property sold under execution or other legal process or seized by creditors; or
(e) Is in default in the making of payments under this chapter.
(2) Any such decision that this franchise should be revoked shall be, by formal legislation of the Council, duly adopted, and only after the grantee has been given written notice of the alleged violation, a full hearing affording due process, an opportunity, on reasonable grounds, to appeal an adverse finding, and a reasonable amount of time for corrective action.
(3) The city may require the grantee to continue operating for a period not to exceed 12 months from the date of the Council’s decision. In the event of such revocation, the grantee shall have two years from the date on which it ceases operations to remove, at its own expense, all portions of its system from all public ways within the city and to restore such public ways to a condition reasonably satisfactory to the city.
(B) (1) In the event that the use of any part of the system is discontinued for any reason for a continuous period of 12 months, or in the event such system or property has been installed in any public way without complying with the requirements of the grantee’s franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten days’ notice, remove from the public way all such property and poles of such system other than any which the City Manager may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the public way or other area from which such property has been removed to a condition satisfactory to the City Manager.
(2) Any property of the grantee remaining in place 30 days after the termination or expiration of the franchise shall be considered permanently abandoned. The City Manager may extend such time not to exceed an additional 30 days.
(3) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the City Manager shall prescribe. 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 City Manager an instrument in writing, to be approved by the City Attorney, transferring to the city the ownership of such property.
(Ord. 5258, passed 10-28-80) Penalty, see § 725.99