(a) Except those facilities and equipment necessary to provide service to areas outside the City, Grantees shall promptly remove from the public streets where its properties are located, any part of its facilities so located when the following conditions occur:
(1) The facilities have not been used to serve any subscribers for a period of 180 days, and
(2) The facilities have no foreseeable future use for providing service to current or potential subscribers.
The above is in addition to any remedies available for facilities and equipment not maintained in a manner that is consistent with any other provisions contained in this chapter.
(b) Except those facilities and equipment necessary to provide service to areas outside the City, Grantees shall promptly remove from the public streets where its properties are located, all of its facilities and equipment so located when one or more of the following enumerated conditions occurs:
(1) A Grantee ceases to operate its system for a continuous period of twelve months from the date of such occurrence.
(2) A Grantee fails to construct the system as hereinbefore and hereinafter provided.
(3) The franchise is terminated or revoked pursuant to notice as provided in Section 765.20 hereof.
(4) The City elects not to renew the franchise at the expiration.
(c) The Director of Administration is authorized to enforce the provisions of subsection (b) hereof as hereinafter provided:
(1) The Director of Administration shall notify the Grantee in writing via registered mail of any occurrence provided for in subsection (b) hereof. Within 180 days following the receipt of such notice, the Grantee shall find an acceptable party to purchase the facilities, pursuant to Section 765.21.
(2) Upon the Grantee's failure to locate an acceptable party, the City shall have the opportunity to acquire ownership of the system or effect transfer of ownership of the system to another party pursuant to Section 627 of The Act. Such acquisition or transfer shall be under terms and conditions equal to or exceeding the terms and conditions contained in this chapter, any other existing franchise agreements, and any and all additional rules promulgated by the City or its representatives.
(3) Should the City decide not to acquire the system or transfer ownership to another party, the Grantee shall, within ninety days remove from the streets of the City upon, over and under which its properties are located all of such properties, except those facilities that are necessary to provide service to areas outside the City, unless otherwise authorized and permitted by the Director of Administration.
(4) The Director of Administration may declare abandoned any property of the Grantee remaining in place ninety days after notification that the City does not wish to acquire or transfer ownership to another party, except those facilities that are necessary for providing service to areas outside the City, and the same shall be considered permanently abandoned property unless the Director of Administration extends the time for removal of such property.
(d) Any property abandoned by a Grantee as hereinabove provided shall become the property of the City. The Grantee agrees to execute and deliver an instrument in writing transferring its ownership interest in any such property to the City, provided that any notice given the Grantee by the Director of Administration as provided in this section shall be deemed notice to any other persons claiming interest in the property of the Grantee, and such persons shall be subject to all the provisions hereinbefore provided. In no event shall the City resume active operation of the Grantee's abandoned property or allow another party to resume active operation of the Grantee's abandoned property.
(Ord. 58-1989. Passed 5-1-89.)