A. Removal After Revocation, Expiration, Or Nonrenewal:
1. If an operator's request for renewal is denied or at the expiration of the term for which any franchise is granted, or upon its revocation, as provided for in subsection 1-12-10K of this chapter, the city shall have the right to require the operator to remove, at the operator's expense, all or any portion of the system from all streets and public property within the city. In so removing the system, the operator shall refill and compact at its own expense, any excavation that shall be made and shall leave all streets, public property and private property in as good a condition as that prevailing prior to the operator's removal of the system. In so removing the system, operator shall use its best efforts not to affect, alter or disturb in any way electric, telephone or utility cables, wires or attachments. Operator shall be responsible for any damage which occurs during said removal. The City, or its designee, shall have the right to inspect and approve the condition of such streets and public property after removal. The Security Fund, insurance, indemnity and penalty provisions of this Chapter shall remain in full force and effect during the entire term of removal.
2. If, in the sole discretion of the City, the operator has failed to commence removal of the system, or such part thereof as was designated within thirty (30) days after written notice of the City's demand for removal is given, or if the operator has failed to complete such removal within one year after written notice of the City's demand for removal is given, the City shall have the right to exercise one of the following options:
a. Declare all right, title and interest to the system to be in the City or its designee with all rights of ownership including, but not limited to, the right to operate the system or transfer the system to another for operation by it; or
b. Declare the system abandoned and cause the system, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the operator.
B. Sale Or Transfer:
1. The right of an operator under this Chapter or any franchise granted pursuant to this Chapter, shall not be sold, assigned or transferred, either in whole or in part, or leased or sublet in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without full compliance with the procedure set forth in this Section.
2. The provisions of this Section shall apply to the sale or transfer of all or a majority of the operator's assets, merger (excluding any parent or subsidiary corporation), consolidation, creation of a subsidiary corporation or sale or transfer of stock in the operator so as to create a new controlling interest. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.
a. The parties to the sale or transfer shall make a written request to the City for its approval of a sale or transfer. The written request shall include or be accompanied by all information required by the City or required in accordance with FCC rules and regulations.
b. The City shall reply in writing within thirty (30) days of the request and shall indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on the operator's subscribers.
c. If a public hearing is deemed necessary, such hearing shall be commenced within thirty (30) days of such determination and notice of any such hearing shall be given fourteen (14) days prior to the hearing by publishing notice thereof. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the City.
d. Within thirty (30) days after the closing of the public hearing, the City shall approve or deny in writing the sale or transfer request.
e. Within thirty (30) days of any transfer, the operator shall file with the City a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by the operator. The operator may label documents proprietary and confidential when necessary and legally appropriate.
3. In reviewing a request for sale or transfer pursuant to this Section, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party, and the operator shall assist the City in so inquiring. The City may condition said transfer upon such terms and conditions as it deems reasonably appropriate; provided, however, the City shall not unreasonably withhold its approval. In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signator to the franchise. In no event shall the City exceed one hundred twenty (120) days in approving or denying an operator's written request, or such request shall be deemed granted unless there is a mutual agreement for extension of time.
C. Purchase By City Upon Revocation Or Nonrenewal:
1. Upon nonrenewal of a franchise, the City may, in lawful manner and upon the payment of fair-market value, determined on the basis of the system valued as a going concern but with no value allocated to the franchise itself, lawfully acquire the system or effect a transfer consistent with the provisions of this Chapter.
2. Upon the revocation of a franchise, the City may, in lawful manner and upon the payment of an equitable price, lawfully acquire the system or effect a transfer of ownership of system to another person. (Ord. 99-2, 4-5-1999, eff. 4-19-1999)