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A. Upon termination or forfeiture of a franchise, whether by action of city as provided above, or by passage of time, the City may, subject to applicable law:

1. Allow grantee to continue providing service pursuant to the terms of its franchise agreement for such reasonable period as may be necessary to arrange for another cable communications system to provide service.

2. Require the former grantee to remove all or a portion of its facilities and equipment at the former grantee’s expense, subject to grantee’s right to abandon property in place. In removing its cable communications system, grantee shall restore affected property to comply with all applicable codes, and to as good or better condition as existed prior to removal. If the former grantee fails to do so within a reasonable period of time, the City may have the removal done at the former grantee’s and/or surety’s expense.

3. Submit a written offer to purchase all or a portion of the cable communications system at an equitable price if termination or forfeiture is for cause, or, if termination or forfeiture is not for cause, at fair market value, not including the value of the franchise.

4. Subsection A.3 of this section does not apply to an abandonment. If a cable communications system or any part thereof is abandoned by grantee, the City may require the grantee to transfer title to all or some of the abandoned portions to it, as city may direct, at no charge, free and clear of encumbrances, and the same will become city’s property. The cable communications system or a part thereof will be deemed abandoned if:

a. The cable communications system operator notifies the City of its intent to abandon; or

b. The cable communications system operator willfully ceases providing cable service in accordance with its franchise; or

c. The cable communications system operator does not provide cable service over the cable communications system for six (6) months, and is not restoring service with all due diligence.

B. Notwithstanding the foregoing, city may not, pursuant to this section, issue an order that violates 47 U.S.C. Section 541(b)(3)(c). (Ord. 2546 § 2 (part), 2010: Ord. 2174 § 1 (part), 2003).