§ 6.5-209. Duty to remove properties from the public streets and rights-of-way.

(a)

In the event of the nonrenewal of a service provider's or system owner's or operator's franchise, or the involuntary termination or revocation the franchise, subject to the continuity of service provisions outlined in this article, and unless the city or another person indicates its lawful intent to acquire and use the system or the facilities, the affected service provider or system owner or operator shall promptly remove its system from the streets, public ways and private property located within the city, including all facilities, equipment and other property. The removal shall be at the sole expense of the affected service provider or system owner or operator and shall be completely removed within ninety (90) days of the date of expiration, or the date of revocation and involuntary termination, of its franchise, or within ninety (90) days of a lawful order or directive from the city, whenever any of the following occurs:

(1)

The service provider or system owner or operator ceases to operate all or any part of the system or provide service for more than twenty-four (24) consecutive hours without the express written permission of the city council or the administrator, other for reasons of force majeure;

(2)

The service provider or system owner or operator fails, without the express written permission of the city council, to construct, rebuild or upgrade the system or provide service as contained in an application or proposal for renewal, or in a franchise or an amended franchise;

(3)

The city council elects not to, and affirmatively acts not to, renew the franchise, pursuant to the provisions set forth in this article and, if such action is appealed, pending a final ruling or determination by a court of competent jurisdiction; or

(4)

The service provider's or system owner's or operator's franchise is revoked pursuant to the provisions set forth in this article and, if appealed, pending a final ruling or determination by a court of competent jurisdiction.

(b)

The service provider or system owner or operator shall remove all of its cable, lines, wires property, facilities and equipment located in the city's streets and rights-of-way in the manner and time frame prescribed in subsections (c) through (f) of this section.

(c)

If not removed voluntarily by the service provider or system owner or operator pursuant to subsections (a) and (b) of this section, then the city may notify the service provider or system owner or operator that if removal of the property is not accomplished within ninety (90) days, or substantial progress towards removal is not made within seventy-five (75) days, then the city may direct its officials or representatives to remove the service provider or system owner or operator's property, facilities, equipment, cable and wires at the expense of the service provider or system owner or operator.

(d)

If officials or representatives of the city remove, or cause to have removed, a service provider's or system owner's or operator's cable, lines, wires property, facilities and equipment, and the service provider or system owner or operator does not claim the property within ninety (90) days of its removal, then the city may take whatever steps are permissible under state law to declare the property surplus, and sell it and, if permitted by state law, the proceeds of the sale shall go to the city.

(e)

When the service provider or system owner or operator removes its system and any other property, facilities, equipment, cable or wires from the streets and public property and rights-of-way within the city, the service provider or system owner or operator shall, at its own expense, and in a manner approved by the city, replace and restore the public or private property to a condition comparable to that which existed before the work causing the disturbance or any damage, was done.

(Ord. No. A-177, § 59, 3-13-2000)