§ 30-28. Removal, abandonment and restoration of system.

(a)

Emergency removal of plant. If at any time, in case of fire or disaster in the county, it shall become necessary in the reasonable judgment of the county to cut or move any of the wires, cables, amplifiers, appliances or appurtenances of the system, the county shall have the right to do so at the sole cost and expense of the franchisee. Where reasonably possible, the county shall contact the franchisee in the case of such emergency. The franchisee shall bear all costs of reinstallation, repair, and other costs resulting from or arising out of the emergency cutting or removal of the system; provided, however, that in the event it is determined that an emergency did not exist then the cost of such removal and reinstallation shall be borne by the county. The franchisee shall not be required to grant a rebate or credit to a subscriber if the county cuts the cable.

(b)

Removal or abandonment. Upon termination of the franchise by passage of time or otherwise, without the right of renewal, and unless the franchisee transfers the system to a subsequent franchisee approved by the county, upon request of the county, the franchisee shall remove its supporting structures, poles, transmission and distribution systems, and all other appurtenances from the streets and public rights-of-way and shall restore any property, public or private, to their original condition prior to the installation, erection, or construction of the system. The franchisee shall have no obligation to remove underground facilities unless specified by the order of termination and or removal. Restoration of county property, including, but not limited to, the public rights-of-way, shall be in accordance with the directions and specifications of all affected departments and agencies of the county. If such removal and restoration are not completed within 12 months after the notice by the county delivered in writing to the franchisee, all of the franchisee's property remaining in the affected public rights-of-way shall, at the option of the county, be deemed abandoned and shall, at the option of the county, become the property of the county. In the event the franchisee fails or refuses to remove its system or satisfactorily restore all areas to as reasonably as close to the condition in which they existed prior to the original construction of the system, the county, at its option, may perform such work and collect the cost thereof from the franchisee. The county shall give fair market value if it acquires the system upon termination.

(Code 1979, § 7-126; Ord. No. 98-45, § 28, 8-18-98)