A. In the event that the use of any material portion of the system is discontinued for a period of twelve (12) consecutive months, grantee shall be deemed to have abandoned that portion of the system.
B. Grantor, upon such terms as grantor may impose, may give grantee permission to abandon, without removing, any system facility or equipment laid, directly constructed, operated or maintained under the franchise. Unless such permission is granted or unless otherwise provided in this chapter, the grantee shall remove all abandoned facilities and equipment upon receipt of written notice from grantor and shall restore the street to its former state at the time such facilities and equipment were removed, as near as may be, so as not to impair its usefulness. In removing its plant, structures and equipment, grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles, or attachments. Grantor shall have the right to inspect and approve the condition of the public rights-of-way prior to and after removal. The liability, indemnity and insurance provisions of this chapter and the performance bond as provided herein shall continue in full force and effect during the period of removal and until full compliance by grantee with the terms and conditions of this section.
C. Upon abandonment of any portion of the system in place, the grantee, if required by the grantor, shall submit to the grantor an instrument, satisfactory in form to the city attorney, transferring to the grantor the ownership of the portion of the system.
D. At the expiration of the term for which the franchise is granted, or upon its revocation or earlier expiration, as provided for herein, in any such case without renewal, extension or transfer, the grantor shall have the right to require grantee to remove, at its own expense, all above ground portions of the cable television system from all streets and public ways within the city within a reasonable period of time, which shall not be less than one hundred eighty (180) days, or within such reasonable additional period as may be required therefor.
E. Notwithstanding anything to the contrary set forth in this chapter, the grantee may abandon any underground portion of the system in place so long as it does not materially interfere with the use of the street or public rights-of-way in which such portion of the system is located. The grantee shall not be required to remove any portion of the system which has been abandoned or deemed abandoned in accordance with the provisions of this chapter unless it constitutes a substantial portion of the system. (Ord. 9527 § 1 (part), 1995: prior code § 3839)