Renewal

(a)

The grantee shall be solely responsible for requesting the mayor or his designee, in writing, to hold a special public meeting, the purpose of which will be to review the grantee's performance during the entire term of its franchise, to consider the adequacy of the franchise from the standpoint of the city, the grantee, and the Federal Communications Commission Rules for Cable Television, and to determine the advisability of renewing the grantee's franchise. The request shall be made not less than eighteen (18) months prior to the franchise expiration date.

(b)

The mayor or his designee may hear any interested persons during the special public meeting and may determine whether or not the grantee did reasonably comply with the terms and conditions imposed by this chapter and the franchise.

(c)

If the mayor or his designee determines that the grantee has been in reasonable compliance with the terms and conditions imposed by this chapter and the franchise, the mayor, upon the authorization of the council, may review the grantee's franchise, with any modifications deemed desirable for a period of time not inconsistent with the provisions of section 7-56.

(d)

Notwithstanding the fact that the mayor may determine that the grantee has been in reasonable compliance with the terms and conditions imposed by this chapter and the franchise, he shall have the right, upon the authorization of the council, not to renew the franchise. If the city does not renew the franchise, the city, to the extent then permitted by existing law, shall have the option to either:

(1)

Acquire at fair market value all the assets of the grantee's operations within the city;

(2)

Require the sale at fair market value of all such assets to a succeeding grantee;

(3)

Require the removal of all grantee's property located within the public ways of the city. Furthermore, in removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the grantee's removal of its equipment and appliances, without affecting the electric or telephone cables, wires or attachments. The city shall inspect and approve the conditions of the public ways and public places and cables, wires, attachments and poles after removal. The liability insurance, indemnity and performance bond provided in section 7-68 shall continue in full force and effect during the period of removal;

(4)

Require the grantee to abandon in place any property which, in the city's opinion, would be too disruptive to the public rights-of-way to be removed.

(e)

Except as provided in section 7-63, the city's above-stated options must be exercised within one (1) year from the date of the expiration of the franchise, unless the period is extended with the consent of the grantee.

(f)

The city shall have the right to recoup from the grantee all direct expenses incurred pursuant to renewal of the franchise, whether or not the franchise is ultimately renewed.

(Code 1971, § 52-35; Ord. No. 7864-A, § 1(Art. IV, § 5), 1-28-82)