Big Bear Lake Municipal Code Art. VI Liability Upon Expiration, Termination, Revocation or Nonrenewal

The city assumes no liability whatsoever to the franchisee for recovery of fixed costs required to install the cable system and to put it into operation or for any other expenses incurred by the franchisee as a result of the expiration, termination, revocation or nonrenewal of a franchise agreement.

(Ord. 98-287 § 2, 1998)

Where negotiations for the award of a new cable system franchise agreement are made necessary by the expiration, termination, revocation or nonrenewal of a franchise agreement, the city shall, where feasible and where the equipment of the cable system has continued utility to the city, permit the incumbent franchisee to offer its installed facilities for sale to those who desire to submit proposals for a new cable system franchise agreement. Nothing contained herein shall in any way obligate the city to purchase or effectuate a sale for the benefit of the franchisee. In lieu of the above, the franchisee shall remove this equipment from the city as required in Section 5.20.185, entitled "Removal of facilities."

(Ord. 98-287 § 2, 1998)

The city reserves the right to require the franchisee to remove from the city at the franchisee's expense, all equipment, facilities and materials of the cable system, and to restore affected areas to their former condition, within ninety calendar days after expiration, termination, revocation or nonrenewal of the franchise agreement and the final adjudication of any subsequent appeal thereof. In the event the franchisee shall fail to remove the aforesaid, it shall be deemed to have been abandoned by the franchisee. The franchisee shall reimburse the city for the cost, if any, incurred by the city in effecting removal or otherwise restoring its property to its former condition. Abandoned materials become the property of the city.

(Ord. 98-287 § 2, 1998)