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Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)
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Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)
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3.3.6 To the extent consistent with generally applicable City Code provisions, rules and <br /> regulations, the Grantee shall have the right to remove, cut, trim and keep clear of <br /> its System trees or other vegetation in and along or overhanging the Rights-of- <br /> Way. However, in the exercise of this right, the Grantee agrees not to cut or <br /> otherwise injure said trees to any greater extent than is reasonably necessary. All <br /> trimming shall be performed at no cost to the City, the Commission or a <br /> homeowner. <br /> 3.3.7 The Grantee shall use its best efforts to give prior notice to any adjacent private <br /> property owners who will be negatively affected or impacted by Grantee's work <br /> in the Rights-of-Way. <br /> 3.3.8 If any removal, relaying or relocation is required to accommodate the <br /> construction, operation or repair of the facilities of a Person that is authorized to <br /> use the Rights-of-Way, the Grantee shall, after thirty (30) days' advance written <br /> notice and payment of all costs by such Person, commence action to effect the <br /> necessary changes requested by the responsible entity. If multiple responsible <br /> parties are involved, the City may resolve disputes as to the responsibility for <br /> costs associated with the removal, relaying or relocation of facilities among <br /> entities authorized to install facilities in the Rights-of-Way if the parties are <br /> unable to do so themselves, and if the matter is not governed by a valid contract <br /> between the parties or any State or federal law or regulation. <br /> 3.3.9 In the event the System is contributing to an imminent danger to health, safety or <br /> property, as reasonably determined by the City, after providing actual notice to <br /> the Grantee, if it is reasonably feasible to do so, the City may remove or relocate <br /> any or all parts of the System at no expense to the City or the Commission other <br /> than the City's cost to act on such determination. <br /> 3.4 Use of Existing Poles and Underuounding of Cable. <br /> 3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are <br /> available for use by the Grantee, but it does not make arrangements for such use, <br /> the City may require, through the established permit, or any other applicable <br /> procedure, the Grantee to use such existing poles and wire holding structures if <br /> the City determines that the public convenience would be enhanced thereby and <br /> the terms available to the Grantee for the use of such poles and structures are just <br /> and reasonable. <br /> 3.4.2 The Grantee agrees to place its cables, wires or other like facilities underground, <br /> in the manner as may be required by the provisions of the City Code and City <br /> policies, procedures, rules and regulations, as amended from time to time, where <br /> all utility facilities are placed underground. The Grantee shall not place facilities, <br /> equipment or fixtures where they will interfere with any existing gas, electric, <br /> telephone, water, sewer or other utility facilities or with any existing installations <br /> 15 <br />
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