Upon termination or nonrenewal of a franchise as provided herein, a grantee shall forthwith, upon notice by the city, vacate and remove at its own expense all designated portions of the cable communications system from all streets and public ways within the city and shall restore said streets and public ways to their former condition; provided, however, a grantee shall have the right to sell its physical plant to a subsequent grantee or the city, subject to city approval, in which case said plant need not be removed. If a grantee fails to remove its facilities upon request, the city may perform the work at the grantee’s expense. The requirements of this section shall not apply to underground cable that has been de-energized and for which an accurate map (“as built”) has been provided to the city describing in detail the location of such cable; except that the city may continue, in its sole discretion, to require removal where necessary to avoid congestion or, at its option, remove such cable. (Ord. 5531 § 2, 2004.)