§ 15.74.075. Abandonment or removal of Franchise property.

A.

Abandonment or Removal. In the event that the use of any property of Grantee within the Public Rights-of-Way is discontinued for a continuous period of twelve (12) months, Grantee shall be deemed to have abandoned that Franchise property. Any part of the Cable System that is parallel or redundant to other parts of the System and is intended for use only when needed as a backup for the System or a part thereof, shall not be deemed to have been abandoned because of its lack of use.

1.

City, upon such terms as City 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, Grantee shall remove all abandoned above ground facilities and equipment upon receipt of written notice from City and shall restore any affected Public Rights-of-Way to its former state at the time such facilities and equipment were installed, 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 the Public Rights-of-Way 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. City shall have the right to inspect and approve the condition of the Public Rights-of-Way, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Chapter and the security fund 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.

2.

Upon abandonment of any Franchise property in place, Grantee, if required by City, shall submit to City an instrument, satisfactory in form to City, transferring to City the ownership of the Franchise property abandoned.

3.

At the expiration of the term for which a Franchise is granted, or upon its revocation or earlier expiration, as provided herein, in any such case without renewal, extension or transfer, City shall have the right to require Grantee to remove, at its own expense, all above ground portions of the Cable System from the Public Rights-of-Way within the City within a reasonable period of time, which shall not be less than one hundred eighty (180) days.

4.

Notwithstanding anything to the contrary set forth in this Chapter, Grantee may abandon any underground Franchise property in place so long as it does not materially interfere with the use of the Public Rights-of-Way in which such property is located or with the use thereof by any public utility or other Grantee.

B.

Restoration by City: Reimbursement of Costs. In the event of a failure by Grantee to complete any work required herein or by any other law or ordinance, and if such work is not completed within thirty (30) days after receipt of written notice thereof from City or, if more than thirty (30) days are reasonably required therefor, if Grantee does not commence such work within such thirty (30) day period and diligently complete the work thereafter (except in cases of emergency constituting a threat to public health, safety or welfare), City may cause such work to be done and Grantee shall reimburse City the costs thereof within thirty (30) days after receipt of an itemized list of such costs, or City may recover such costs through the security fund provided by Grantee.

C.

Extended Operation and Continuity of Services. Upon expiration or revocation of the Franchise, City shall have the discretion to permit Grantee to continue to operate the Cable System for an extended period of time. Grantee shall continue to operate the System under the terms and conditions of this Chapter and the Franchise Agreement and to provide Cable Service and any and all of the services that may be provided at that time. It shall be the right of all Subscribers to continue to receive all available services provided that financial and other obligations to Grantee are honored. Grantee shall use reasonable efforts to provide continuous, uninterrupted Cable Service to its Subscribers, including operation of the System during transition periods following Franchise expiration or termination.

D.

Receivership and Foreclosure. A Franchise granted hereunder shall, at the option of City, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of Grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Chapter and the Franchise granted pursuant hereto, and the receivership or trustees within said one hundred twenty (120) days shall have remedied any and all defaults or breaches under this Chapter or the Franchise Agreement or provided a plan for the remedy of such defaults or breaches which is satisfactory to City in its sole discretion; and (2) such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement, in a form approved by the City Attorney and duly approved by the court having jurisdiction over the proceeding, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Chapter and the Franchise granted pursuant hereto.

1.

In the case of a foreclosure or other judicial sale of the Franchise property, or any material part thereof, City may serve notice of termination upon Grantee and the successful bidder at such sale, in which event the Franchise granted and all rights and privileges of Grantee hereunder shall cease and terminate thirty (30) days after service of such notice, unless:

(a)

City shall have approved the transfer of the Franchise, as and in the manner that this Chapter provides; and (b) such successful bidder shall have covenanted and agreed with City in writing in a form approved by the City Attorney, to assume and be bound by all provisions of this Chapter and the Franchise granted pursuant hereto.

(Ord. C-7471 § 1, 1997)