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2003_Ordinances
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2003_Ordinances
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receivership or trusteeship shall have been vacated prior to the expiration of said <br />one hundred twenty (120) days, or unless: • <br />A. Within one hundred twenty (120) days after his election or <br />appointment, such receiver or trustee shall have fully complied with all the <br />provisions of this Franchise and remedied all defaults thereunder; and <br />B. Such receiver or trustee, within said one hundred twenty (120) <br />days, shall have executed an agreement, duly approved by the Court <br />having jurisdiction in the premises, whereby such receiver or trustee <br />assumes and agrees to be bound by each and every provision of this <br />Franchise. <br />11.03 Abandonment. Grantee may not abandon any portion of the System <br />thereof without having first given three (3) months written notice to the City. <br />,Grantee may not abandon any portion of the System without compensating the <br />City for damages actually sustained by the City resulting from the abandonment. <br />SECTION 12. REMOVAL, TRANSFER AND PURCHASE. <br />12.01 Removal After Revocation or Expiration. <br />A. At the expiration of the present and all subsequent renewal terms <br />for which the Franchise is granted, or upon its revocation, as provided for, <br />the City shall have the right to require Grantee to remove, at Grantee's • <br />expense, all or any portion of the System from all Streets and Public <br />Property within the City. In so removing the System, Grantee shall refill <br />and compact at its own expense, any excavation that shall be made and <br />shall leave all Streets, Public Property and private property in as good a <br />condition as that prevailing prior to Grantee's removal of the System, and <br />without affecting, altering or disturbing in any way electric, telephone or <br />utility, cables wires or attachments. The City, or its delegation, shall have <br />the right to inspect and approve the condition of such Streets and Public <br />Property after removal. The security fund, insurance, indemnity and <br />penalty provision of the Franchise shall remain in full force and effect <br />during the entire term of removal. <br />B. If, in the sole discretion of the City, Grantee has failed to <br />commence removal of the System, or such part thereof as was designated <br />within thirty (30) days after written notice of the City's demand for removal <br />is given, or if Grantee has failed to complete such removal within one (1) <br />year after written notice of the City's demand for removal is given, the City <br />shall have the right to exercise one of the following options: <br />1. Declare all right, title and interest to the System to be in the <br />City or its delegator with all rights of ownership including, but not <br />limited to, the right to operate the System or transfer the System to • <br />another for operation by it; or <br />38 <br />
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