(a) Transition Procedures. In the event the Franchise is terminated, whether by expiration without renewal or extension, revocation, or otherwise, the City may require the Franchisee to maintain and operate the System until a new franchise is awarded; permit the abandonment of the Franchisee's property and place; and/or permit the Franchisee to remove its equipment and facilities from the Franchise area.
(b) Continued Operation. If the City requires continued operation of the System, then the Franchisee shall continue to operate it for such a period of time as the City may require, but not more than twelve (12) months. The time period shall be calculated from the date of expiration or revocation of the Franchise Agreement, unless the Franchisee contests the termination administratively or in the courts. If the Franchisee contests the termination, then the expiration date, for the purposes of this paragraph, shall be either the date that the Franchisee ceases to continue to contest or the date when the final determination or adjudication against the Franchisee becomes final, whichever is later. The Franchisee shall operate the System, during the period of extended operation, as a trustee for the City and operate it under the terms and conditions of the Ordinance and the Franchise Agreement. The provisions of this section shall be specifically enforceable against the Franchisee.
(c) Removal of Equipment and Facilities. Upon the termination of the Franchise, the City may order the Franchisee to remove any and all equipment and fixtures of the Franchisee in the Franchise area. In addition, the City may require that the Franchisee restore all changes in public and private property to the condition that such property was in prior to installation of the cable equipment. However, the City may not require the Franchisee to remove equipment buried underground.
(d) Abandonment of Property. The Franchisee may abandon any property in place, unless otherwise ordered by the City. All property not removed by the Franchisee within one hundred twenty (120) days of the expiration date of the Franchise shall be deemed abandoned by the Franchisee to the City. In the event the Franchisee abandons all or part of its property and has not been required to continue operation of the System or to remove the property, then it shall transfer ownership of the abandoned property to the City. Said transfer shall be accomplished by means of a written instrument, in a form approved by the City Attorney, which shall be submitted to the City.
(e) Reimbursement of Costs. The Franchisee shall maintain the security fund, insurance policies, indemnity bonds, etc., as may be required under Section 731.11, herein, during the term of any removal of property or until ninety (90) days after a written instrument transferring property to the City has been delivered by the Franchisee. If the City determines that any equipment or facilities of the Franchisee need to be removed or damage to any property caused by either System or its removal needs to be restored, then the City shall be entitled to complete such removal or restoration work and charge the Franchisee for such work. In the event the Franchisee fails to pay for such work, then the City may proceed against the security fund, bonds, insurance, etc. The City shall also be permitted to seek legal and equitable relief against the Franchisee for any violation of this section.
(Ord. 2439. Passed 1-2-96.)
(Ord. 2439. Passed 1-2-96.)