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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />the I-Net and/or the DFOI at the Grantee's expense for any of the City's <br />incremental costs incurred as a result of the Grantee's failure to comply. Except <br />for the City's gross negligence, the City shall not be liable to the Grantee for <br />damages resulting from the City's protection, support, disconnection, relocation <br />or removal, as contemplated in the preceding sentence. <br /> <br />3.3.4 The Grantee shall not place poles, conduits or other fixtures of the System, I-Net <br />or DFOI above or below ground where the same will interfere with any gas, <br />electric, telephone, water or other utility fixtures and all such poles, conduits or <br />other fixtures placed in any Right-of-Way shall be so placed as to comply with all <br />lawful requirements of the City. <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 buildings <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, the I-Net and the DFOI trees or other vegetation in and along or <br />overhanging the Rights-of-Way. However, in the exercise of this right, the <br />Grantee agrees not to cut or otherwise injure said trees to any greater extent than <br />is reasonably necessary. All trimming shall be performed at no cost to the City, <br />the Commission or a homeowner. <br /> <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 /> <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 an 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 /> <br />3.3.9 In the event the System, I-Net and/or DFOI is contributing to an imminent danger <br />to health, safety or property, as reasonably determined by the City, after 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, I-Net and/or DFOI at no <br /> <br />13 <br />
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