(a) Upon expiration or termination of a license or franchise, if the license or franchise is not renewed, the grantee may remove any underground cable from the streets which has been installed in such a manner that it can be removed without trenching or other opening of the streets along the extension of cable to be removed. Except as otherwise provided, the grantee shall not remove any underground cable or conduit which requires trenching or other opening of the streets along the extension of cable to be removed. The grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the streets along the extension or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the streets for public purposes. Any order by the City to remove cable or conduit shall be mailed to the grantee not later than thirty calendar days following the date of expiration of the license or franchise. A grantee shall file written notice with the City Clerk not later than thirty calendar days following the date of expiration or termination of the license or franchise of its intention to remove cable and a schedule for removal by location. The schedule and timing of removal shall be subject to approval and regulation by the City. Removal shall be completed not later than twelve months following the date of expiration of the license or franchise. Underground cable and conduit in the streets and rights-of-way which is not removed shall be deemed abandoned and title shall be vested in the City.
(b) Upon expiration, termination or revocation of a license or franchise, if the license or franchise is not renewed, a grantee, at its sole expense, shall, unless relieved of the obligation by the City, remove from the streets all above-ground elements of the telecommunication system, including, but not limited to, pedestal-mounted terminal boxes, and lines attached to or suspended from poles.
(c) A grantee shall apply for and obtain such encroachment permits, licenses, authorizations or other approvals and pay such fees and deposit such security as required by applicable law or ordinance of the City, shall conduct and complete the work of removal in compliance with all such applicable laws or ordinances, and shall restore the streets and rights-of-way to the same condition they were in before the work of removal commenced. The work of removal shall be completed not later than twelve months from the date said permit license or authorization was issued.
(Ord. 99-07. Passed 3-2-99.)