§ 16.38.470. Abandoning facilities—Terms and conditions.  


Latest version.
  • The road commissioner, upon such terms and conditions as he may see fit to impose, may give the grantee of the franchise permission to abandon, without removing, any facility laid, erected, constructed, operated or maintained under the franchise. The length of any such facility abandoned with such permission shall not be considered in calculating payments due under the franchise except for the time prior to the effective date of such permission. Nothing contained in the franchise shall be construed to permit the grantee any right to omit from its annual reports, if such reports are required, and from the calculation of its franchise payments the length of any abandoned facility of grantee except in the manner aforesaid. Unless such permission is granted, the grantee shall remove all abandoned facilities within 90 days after such abandonment, and shall restore the highway to its former state at the time such facilities were removed, as near as may be, so as not to impair its usefulness.

(Ord. 7468 Art. 1 § 150, 1959.)