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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />expense 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 Underl!roundinl! of Cable. <br /> <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 /> <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 />of the City, or obstruct or hinder in any manner the various existing utilities <br />serving the residents of the City. To the extent consistent with the City Code, <br />City policies, procedures, rules and regulations, System cable and facilities may <br />be constructed overhead where poles exist and electric or telephone lines or both <br />are now overhead. However, in no case may the Grantee install poles in areas of <br />the City where underground facilities are generally used by the utilities already <br />operating. If the City, at a future date, requires all electric and telephone lines to <br />be placed underground in all or part of the City, the Grantee shall, within a <br />reasonable time, similarly move its cables and lines. If the City reimburses or <br />otherwise compensates any Person using the Rights-of-Way for the purpose of <br />defraying the cost of any of the foregoing, the City shall also reimburse the <br />Grantee in the same manner in which other Persons affected by the requirement <br />are reimbursed. If the funds are controlled by another governmental entity, the <br />City shall not oppose or otherwise hinder any application for or receipt of such <br />funds on behalf of the Grantee. <br /> <br />3.5 Installation of Facilities. <br /> <br />3.5.1 No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, <br />similar structures or other wire-holding structures shall be erected or installed by <br />the Grantee without obtaining any required permit or other authorization from the <br />City. <br /> <br />3.5.2 No placement of any pole or wire holding structure of the Grantee is to be <br />considered a vested fee interest in the Rights-of-Way or in City property. <br />Whenever feasible, ail transmission and distribution structures, lines, wires, <br />cables, equipment and poles or other fixtures erected by the Grantee within the <br /> <br />14 <br />
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