Article VIII — MODIFICATION, REMOVAL AND ABANDONMENT OF FACILITIES

A. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve months, or in the event such a system or property has been installed in any street or public place without complying with the requirements of grantee's franchise, or this chapter, or in the event such system or property is determined by the city engineer to threaten the public health, safety or general welfare, or the franchise has been terminated, cancelled, revoked, or expired, the grantee shall promptly, at grantee's sole expense, upon being given ten days' notice, remove from the streets or public places all such property of such system. The city engineer may permit such abandoned property to either be abandoned in place or removed at the sole expense of the grantee. In the event of such removal, the grantee shall

promptly restore the street or other area from which such property has been removed to a condition satisfactory to the city engineer. B. Any property of grantee which is not removed by grantee nor is permitted by the city engineer to be abandoned in place may be removed by city and grantee shall be liable for the expense of such removal and the restoration of the street or other area from which such property has been removed. C. Any property of the grantee remaining in place sixty days after the termination, cancellation, revocation, or expiration of the franchise shall be considered permanently abandoned. The city engineer may extend such time, not to exceed an additional thirty days. D. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the city engineer shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall, if accepted by city become that of the city, and the grantee shall submit to the city engineer such written instruments in the form required by the city attorney, transferring to the city the ownership of such property, except as may be included within the provisions of any utility joint use attachment agreements. (Ord. 85-07-950 § 1 (part))

The grantee shall, from time to time protect, support, dislocate, temporarily or permanently, as may be required, remove or relocate, without expense to the city or any other governmental entity, any facilities installed, used, and maintained under the franchise, if and when made necessary by any lawful change of grade, alignment, or width of any public street, including the construction of any subway or viaduct, water, sewer, or storm drain lines by the city or any other governmental entity and including when any underground utility district is formed, or made necessary by any other public improvement or alteration in, under, on, upon, or about any public street or other public property, whether such public improvements or alteration be at the insistence of the city or another governmental entity, and whether such improvement or alteration is for a government or proprietary function, or made necessary by traffic conditions, public safety, street vacation, or any other public project or purpose of city or any other governmental entity. The decision of the city engineer under this section shall be final and binding upon grantee. (Ord. 85-07-950 § 1 (part))