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commence operations, at its option, operate the system <br /> or designate someone to operate the system until such <br /> time as the Franchisee restores service to conditions <br /> reasonably acceptable to the City. If the City is <br /> required to fulfill this obligation for the Franchisee, <br /> the Franchisee shall reimburse the City for all reasonable <br /> costs or damages in excess of revenues from the system <br /> received by the City that are the result of the Fran- <br /> chisee' s failure to perform. <br /> (c ) Upon Termination. Upon termination of the Franchise <br /> and the expiration of the legal remedies for the Fran- <br /> chisee as specified in Section 626 of the Act, the <br /> Franchisee shall cooperate with the City in maintaining <br /> continuity of service by continuing to operate the system <br /> at the City ' s request, for a period determined by the <br /> City Council , not to exceed two years, and provided that <br /> such continued operation is not commercially impracti- <br /> cable for Franchisee. During such a time, the provi- <br /> sions of this Ordinance and the Franchisee' s expiring <br /> Franchise shall continue to govern in all respects. <br /> Section 35. Removal & Abandonment of Property of <br /> Franchisee. <br /> (a ) Temporary Disconnection. The City may direct the <br /> Franchisee to temporarily disconnect or bypass any <br /> equipment of the Franchisee in order to complete street <br /> construction or modification, install and remove <br /> underground utilities, or for other reasons of public <br /> safety and efficient operation of the City. Such <br /> removal, relocation or other requirement shall be at <br /> the sole expense of the Franchisee. <br /> (b) Discontinued Service. In the event that the <br /> use of any part of the Cable Communications System is <br /> discontinued for any reason for a continuous period of <br /> twelve (12) months, the City may give notice to <br /> Franchisee of City' s intent that such unused part be <br /> promptly removed by Franchisee. Upon receipt of such <br /> notice by City, Franchisee may seek reconsideration of <br /> the City's decision pursuant to the procedures author- <br /> ized in Sections 625 and 635 of the Act. <br /> (c ) Noncompliance. In the event any part of the <br /> Cable Communications System has been installed without <br /> complying with the requirements of Franchisee ' s Franchise <br /> or this Ordinance, City shall give notice of such noncom- <br /> pliance to Franchisee. Franchisee shall have ten (10) <br /> days following receipt of City 's notice to correct <br /> such noncompliance or seek the City ' s reconsideration <br /> of its noncompliance determination under the procedures <br /> authorized in Sections 625 and 635 of the Act; provided, <br /> however, if Franchisee believes it will be unable to <br /> correct the noncompliance within such time period, <br /> Franchisee may request reasonable additional time from <br /> the City and City agrees that it will not unreasonably <br /> withhold consent to reasonable additional time. <br /> (d) Termination of Franchise. If the Franchise <br /> has been terminated, cancelled or has expired, and <br /> Franchisee has not exercised its rights, if any, to <br /> contest the termination, cancellation, or nonrenewal <br /> of its Franchise, City may give Franchisee notice to <br /> remove its Cable Television System from the City' s <br /> streets and public places. Within ten (10) days of <br /> receiving the City's notice, Franchisee agrees to <br /> commence removal of its facilities and to proceed <br /> diligently with such removal. <br /> ORDINANCE - 11 <br /> 5-21-85 <br />