Ordinance 1138-85 - Laserfiche WebLink

(e ) Restoration. In the event Franchisee removes its facilities from the City' s streets and public places, Franchisee agrees to restore such streets or public places to a reasonable condition to the reasonable satisfaction of the City. (f) Abandonment. Any property of the Franchisee remaining in place ninety (90) days after the termina- tion or expiration of the Franchise may be considered permanently abandoned unless Franchisee requests an additional ninety (90 ) days for removal. The City agrees to extend such removal time an additional ninety (90) days. Any property which Franchisee intends to abandon in place shall be abandoned in such manner as the City shall prescribe. Upon permanent abandonment of the property of the Franchisee in place, the property shall become that of the City, and the Franchisee shall submit to the City Clerk an instrument in writing, to be approved by the City Attorney, transferring to the City the owner- ship of such property. (g ) Compensation. None of the foregoing affects or limits Franchisee' s rights to compensation for an involun- tary abandonment of its property under state or federal statutes or constitutions. In the event the City and Franchisee are unable to agree as to whether an abandon- ment is voluntary or involuntary for purposes of this Section, either party may invoke arbitration to resolve such question. The City shall select an arbitrator who is knowledgable in cable communications matters and Franchisee shall select a similarly qualified person. The two arbitrators selected by the parties shall select a third arbitrator. The decision of the majority of the arbitrators shall be binding and conclusive upon the parties for purposes of Subsections 35(f ) and 35 (g ) . (h) City Reimbursement. In the event Franchisee fails to remove any of its property as provided herein, City may elect to cause such removal and may recover its reasonable costs and expenses from Franchisee. Section 36. Revocation for Cause. Any Franchise granted by the City may be terminated during the period of such Franchise for the following reasons: (a ) Ordinance. Failure by the Franchisee to substantially comply with material provisions of this Ordinance of a more serious nature than those which would come under the review of Franchisee's performance in Section 626 of the Act. (b ) Federal Requirements. Failure of the Franchisee to substantially comply with material FCC regulations, or other material provisions of the Act. (c ) City Rules and Regulations. Failure by the Fran- chisee to substantially comply with other lawfully issued reasonable and material rules issued by the City pursuant to this Ordinance. (d) Petition. Petition by the Franchisee if approved by the City Council. Section 37. Revocation Procedure. The procedure to be followed resulting in termination ORDINANCE - 12 5-21-85