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(a) Renewal. At any time between the last five and twelve months before expiration of its existing license or franchise, the licensee or franchisee, as the case may be, may apply to the city for continuation of its existing authority to occupy the city streets and other municipal rights-of-way. If the applicant shows to the satisfaction of the city that it is in compliance with the terms of its existing instrument, the city may grant a five-year extension of the existing authorization, subject to the right of either party to renegotiate fees, conditions, and terms of access and subject to the approval of the voters of the city in the case of a franchise.
(1) The mayor and council may terminate the license or franchise agreement in the event of the violation of any material provision of this chapter or of any rule or regulation promulgated pursuant thereto or of any applicable federal, state or local law, or the material breach, failure, refusal or neglect by the license or franchisee to perform its obligations under the terms and conditions of the license or franchise agreement, except when such violation, breach, failure, refusal or neglect is directly caused by any of the following:
a. Acts of God;
c. Emergencies declared by the President of the United States of America, the governor of the state or the mayor.
(2) Criteria for termination shall include, but in no event be deemed exclusive or limited to the following:
a. Attempt to dispose of any of the facilities or property of the system to prevent the city from purchasing it, as provided for in this chapter;
b. Attempt to evade any material provision of this chapter or the license or franchise agreement;
c. The practice of any fraud or deceit upon the city or subscribers or users;
d. Failure to begin or complete system construction or system extension pursuant to this chapter and the license or franchise agreement;
e. Failure to provide and maintain the types of services, facilities, equipment or personnel provided for in the license or franchise agreement and this chapter;
f. Material misrepresentation of fact in the license or franchisee's proposal or in the execution of the license or franchise agreement or in any reports required to be filed pursuant to this chapter;
g. Failure to timely make payment of any moneys due the city pursuant to this chapter.
(3) After providing the licensee or franchisee with notice and an opportunity to be heard and in the event that the mayor and council determine that the licensee or franchisee, by its acts or omissions has given the city cause for termination of the license or franchise agreement, the mayor and council may instruct the city manager to make written demand upon the licensee or franchisee for full compliance. If the violation, breach, failure, refusal or neglect is not or cannot be remedied to the satisfaction of the mayor and council within thirty (30) days following such demand, if made, the mayor and council may exercise the following options:
a. Direct the licensee or franchisee to comply within such additional time, in such manner and upon such terms and conditions as the mayor and council may direct.
b. Declare the license or franchise agreement terminated and of no further force and effect.
(4) If the mayor and council declare the license or franchise agreement terminated, the city may pursue any remedies available to the city pursuant to this chapter, including but not limited to the options stated in paragraph (b) of section 7B-18 ("Renewal and Termination"), the license or franchise agreement, or any other remedy available to the city as provided by law.
(c) Dismantle. In the event that the city exercises its option to require the licensee or franchisee to dismantle the system, the licensee or franchisee shall, in an expeditious manner, at its own expense and at the direction of the city, restore any property, public or private, to the condition in which it existed prior to the erection or construction of the system, including any improvements made to such property subsequent to the construction of the system.
(d) Abandonment. In the event the license or franchise granted hereunder shall terminate without renewal or substitution, or the licensee or franchisee shall permanently abandon operations of its telecommunications facilities in the city, the city, at its election, may require the licensee or franchisee to remove some or all of its facilities hereunder or may exercise its right of purchase under section 7B-19 below. The city, however, shall be deemed to have a possessory interest in facilities provided by the licensee or franchisee under section 7B-17 above, which possessory interest shall not be disturbed by licensee or franchisee without the city's consent.
(Ord. No. 8522, § 1, 6-12-95)