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August 1 4} 1998 <br /> Page 4 <br /> RESPONSE: Section 2.2 indicates Lhat an acceptance by the company must be filed <br /> with the City Manager within 90 days after publication. Through experience, 1 know <br /> that the acceptance contains information identifying the ordinance and specifics of the <br /> publication, as well as being executed by the President of NSP Gas or Electricity, as <br /> appropriate, along with the corporate seal of NSP. <br /> O Il EI T 9: In 2.1 that paragraph, as indicated above, should be amended to ensure <br /> that the grant is subject to the provisions of not orIl y that ordinance but also the Right-of- <br /> Way Ordnce. <br /> RESPONSE: See response to comment 6. <br /> C ONEMENT 10: Section 3.5 Shared Use of Poles, you may wish to consider including <br /> a clear statement that the use of poles by the City is free and the only charge that would <br /> be made is for additional costs that may be incurred by the company as a result of the <br /> ity's use. <br /> RESPONSE: Section 3.5 indicates that N P "shall make space available on its poles or <br /> towers, at no cost, for City facilities..." as well as stating that Roseville "shall pay for <br /> any added costs Incurred by the Company because of such use by the City." I believe <br /> the. language "at no cost" makes it clear that there shall be no rent or other charge for <br /> use of the poles. <br /> CONUdENT 11,.* Section 3.6 states that nothing in `s ordinance relieves any person <br /> from a liability arising out of the failure to exercise reasonable care to avoid damage. <br /> Is the word "person" referring to the City? <br /> RESPONSE: The word person in Section 3.6 is referring to the City and any other <br /> entity which may be ding on activities in the right-of-way, <br /> olC ' 12: Under Section 6.2, in the sixth line after the word litigation, the word <br /> "within" seems to be incorrect. I assume that the correct word should be without* <br /> RESPONSE: Your assumption that the correct word should be without is correct, and <br /> this typing error was corrected in the latest daft of the franchise ordinances. <br /> CONEWENT 13o. Section 9 franchise fee is referred to. You may want to make it clear <br /> that the fees and charges outlined in the Right-of-Way Ordinance will apply to the use <br /> of right-of-way by the company and the City reserves the right to collect a franchise fee <br /> subject to the requirements of all applicable law. <br />