(A) Upon expiration or termination of a license, if the license is not renewed, and if no one purchases the cable system, the licensee may remove any underground cable, if the cable may be removed without trenching.

(B) A licensee shall file written notice of its intention to remove video services network with the City Clerk not later than 30 calendar days following the date of expiration or termination. The notice shall inform the City of licensee’s intention to remove its network and shall provide a schedule for the removal.

(C) The schedule filed pursuant to subsection (B) of this section shall be subject to the approval of the City Engineer.

(D) Removal of cable by the licensee shall be completed not later than 12 months following the date of expiration or termination.

(E) If notice is not filed pursuant to subsection (B) of this section, the network shall be deemed abandoned.

(F) If the licensee does remove network, all underground equipment which is not removed pursuant to subsection (D) of this section shall be deemed abandoned.

(G) Upon expiration or termination of the license, if the license is not renewed and if no one purchases the video services network the licensee, at its sole expense, shall, unless relieved of the obligation by the City, remove from the streets and all public rights of way, alleyways and other public property, all above ground elements of the video services network located thereon and also all underground elements of the network if requested in writing by the City upon direction of the City Council. All removal required under this subsection shall be completed within 12 months following the termination or expiration of the license. The City may require, and licensee shall furnish, a corporate surety bond in an amount as mutually agreed upon in the license, from and by an entity acceptable to the City to assure performance of licensee’s obligations under this subsection. In the event the licensee fails to specify an amount for such bond, the bond shall be of sufficient amount to cover the reasonable costs of removal agreed hereunder.

(H) The licensee shall apply for and obtain such encroachment permits, licenses, authorization or other approvals and pay such fees and deposits or such security as required by applicable ordinances of the City, shall conduct and complete the work of removal in compliance with all such applicable ordinances and shall restore the streets and other public ways or property to as nearly as possible the same condition they were in before the work of removal commenced. (Ord. 19-1458, passed 12-2-19)