2007-09-26 CC Packet - Laserfiche WebLink

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DRAFT 3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of bllildings with the expense of such temporary removal to be paid by the Person requesting the same. The Grantee shall be given not less than ten (10) days' advance written notice to arrange for such temporary wire changes. 3.3.6 To the extent consistent with generally applicable City Code provisions, rules and regulations, the Grantee shall have the right to remove, cut, trim and keep clear of its System and any I-Net trees or other vegetation in and along or overhanging the Rights-of-Way. However, in the exercise of this right, the Grantcc agrces not to cut or otherwise injure said trees Lo any greater extent than is reasonably necessary. All trimming shall be perJi)rmed at no cost to the City, the Commission or a homeowner. 3.3.7 The Grantee shall use its best eflurts to give prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights-oj~Way. 3.3.8 If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of a Person that is authorized to use the Rights-of~Way, the Grantee shall, after thirty (30) days' advance written notice and payment of all costs by such Person, commence action to effect the necessary changes requested by the responsible entity. If multiple responsible patties are involved, the City may resolve disputes as to the responsibility for costs associated with the removal, relaying or relocation of facilities among entities authorized to install facilities in the Rights-ol:Way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or any State or federal law or regulation. 3.3.9 In the event the SysLem and/or any I-Net is contributing to an imminent danger to health, safety or properly, as reasonably determined by the City, aileI' providing actual notice to the Grantee, if it is reasonably feasible to do so, the City may remove or relocate any or all parts of the System and/or any I-Net at no expense to the City or the Commission other than the City's cost to act on such determination. 3.4 Use of Existinl! Poles and Undemroundinl! of Cable. 3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are available 101' use hy the Grantee, but it does not make arrangements fur such use, the City may require, through the established permit, or any other applicable procedure, the Grantee to use such existing poles and wire holding structures if the Ci ty determines that the public convenience would be enhanced thereby and 14 5lJ