12-23.3 Transfer or Abandonment.
If the City does not purchase a grantee’s cable system as provided in subsection 12-23.2, and the grantee has failed to commence removal of its cable system within ninety (90) days after termination of the franchise, or such other date specified by the City under the franchise, or if the grantee has failed to complete such removal within six (6) months after removal is required to have begun, the City may:
a. Declare all right, title, and interest to the grantee’s cable system to be in the City or its designee with all right of ownership including, but not limited to, the right to operate the cable system or transfer the cable system to another for operation by it (upon such declaration by the City, the grantee shall be entitled to receive an equitable price from the City for the value of the cable system, less any costs and damages suffered by the City as a result of the delay in removal); or
b. Declare the cable system abandoned and cause the cable system, or such part thereof as the City shall designate, to be removed at no cost to the City (the cost of said removal shall be recoverable pursuant to Sections 12-18–12-20 herein, or from the grantee directly). (Ord. #80-97, S23)