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2007-09-26 CC Packet
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2007-09-26 CC Packet
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<br />DRAFT <br /> <br />3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by <br />the City, temporarily move its wires or fixtures to permit the moving of bllildings <br />with the expense of such temporary removal to be paid by the Person requesting <br />the same. The Grantee shall be given not less than ten (10) days' advance written <br />notice to arrange for such temporary wire changes. <br /> <br />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 and any I-Net trees or other vegetation in and along or overhanging the <br />Rights-of-Way. However, in the exercise of this right, the Grantcc agrces not to <br />cut or otherwise injure said trees Lo any greater extent than is reasonably <br />necessary. All trimming shall be perJi)rmed at no cost to the City, the <br />Commission or a homeowner. <br /> <br />3.3.7 The Grantee shall use its best eflurts 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-oj~Way. <br /> <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 />patties 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-ol: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 /> <br />3.3.9 In the event the SysLem and/or any I-Net is contributing to an imminent danger to <br />health, safety or properly, as reasonably determined by the City, aileI' providing <br />actual notice to the Grantee, if it is reasonably feasible to do so, the City may <br />remove or relocate any or all parts of the System and/or any I-Net at no expense <br />to the City or the Commission other than the City's cost to act on such <br />determination. <br /> <br />3.4 Use of Existinl! Poles and Undemroundinl! of Cable. <br /> <br />3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are <br />available 101' use hy the Grantee, but it does not make arrangements fur 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 Ci ty determines that the public convenience would be enhanced thereby and <br /> <br />14 <br /> <br />5lJ <br />
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