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8.A. - Page 11
<br />any waiver process. Other facilities installed in the rights of way will be placed aboveground
<br />or underground in accordance with the City's practices, as amended from time to time.
<br />C. A state franchise holder shall construct, operate and maintain its network so as not to
<br />endanger or interfere with improvements the City shall deem appropriate to make or to
<br />interfere in any manner with the public rights of way or legal rights of any property owner or
<br />to unnecessarily hinder or obstruct pedestrian or vehicular traffic. A state franchise holder
<br />shall not place facilities, equipment, or fixtures where they will interfere with any gas,
<br />electric, telephone, telecommunications, water, sewer, or other utility facilities, or obstruct or
<br />hinder in any manner such entities' use of any public rights of way. Any and all public rights
<br />of way, public property, or private property that is disturbed or damaged by a state franchise
<br />holder during the construction, repair, replacement, relocation, operation, maintenance, or
<br />construction of a network shall be promptly repaired by the state franchise holder.
<br />D. A state franchise holder shall by a time specified by the City, protect, support, temporarily
<br />disconnect, relocate, or remove any of its property when required by the City or any other
<br />governmental entity by reason of traffic conditions; public safety; public rights of way
<br />construction; public rights of way maintenance or repair (including resurfacing or widening);
<br />change of public rights of way grade; construction, installation or, repair of sewers, drains,
<br />water pipes, power lines, signal lines, tracks, or any other type of government -owned
<br />communications system, public work or improvement or any government -owned utility;
<br />public rights of way vacation; or for any other purpose where the work involved would be
<br />aided by the removal or relocation of the network, provided, however:
<br />1. Except in the case of emergencies, the City shall provide written notice describing where
<br />the work is to be performed at least one week prior to the deadline for performing the
<br />work; a state franchise holder may seek an extension of the time to perform the work
<br />where it cannot be performed in a week even with the exercise of due diligence, and
<br />such request for an extension shall not be unreasonably refused;
<br />2. That the state franchise holder may abandon any property in place upon notice to the
<br />City, unless the City determines, in the exercise of its reasonable discretion exercised
<br />within ninety (90) days of the date the City receives notice, that the safety, appearance,
<br />functioning or use of the public rights of way and facilities in the public rights of way will
<br />be adversely affected thereby; and
<br />3. If a State or local statute requires the City to compensate users of the right of way
<br />(including state franchise holders) for the cost of relocation or removal, nothing in this
<br />Article shall be read to abrogate any right a state franchise holder may have to obtain an
<br />appropriate share of funds available for relocation or removal.
<br />F. Within thirty (30) days after its receipt of a written request from the City, a state franchise
<br />holder shall expose its subsurface network facilities by potholing (digging a test hole) to a
<br />depth of one foot below the bottom of such facilities.
<br />G. If any removal, relaying, or relocation is required to accommodate the construction,
<br />operation, or repair of the facilities of another person that is authorized to use the public
<br />rights of way, a state franchise holder shall, after thirty (30) days advance written notice,
<br />take action to effect the necessary changes requested by the responsible entity. Unless the
<br />matter is governed by a valid contract or a State or Federal law or regulation, the reasonable
<br />cost of removal, relaying or relocation shall be borne by the party requesting the removal,
<br />relaying or relocation. The City may direct a state franchise holder to remove, relay or
<br />relocate its facilities pending resolution of a dispute as to responsibility for costs, if the
<br />person requesting removal, relaying or relocation posts a satisfactory bond or provides other
<br />adequate security.
<br />ATTY /ORDINANCE /ORD.360 /DIVCA (CH 11 ART III)
<br />REV: 11 /22/11 7
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