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Res 2004-135
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Res 2004-135
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Last modified
6/21/2005 1:24:51 PM
Creation date
6/15/2005 1:55:26 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-135
Date
8/9/2004
Volume Book
156
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<br />12.02. If the Licensee has not completed the installation of the Attachments authorized by a <br />Permit within 60 days from the issuance of the Permit, and there is no evidence of ongoing <br />construction, the City may revoke the Permit with 15 days written notice to the Licensee. If the <br />Licensee fails to complete the construction of the Attachments within the 15 day notice period, <br />the Permit is revoked and the Licensee will remove any facilities it has installed or attached <br />under the permit within 10 days. If the Licensee fails to remove the facilities from the Poles <br />within the 10 days, the City will have the right to remove the facilities and charge all costs for the <br />removal to the Licensee, or to treat the facilities as abandoned and to assume ownership and use <br />of the facilities. <br /> <br />12.03. The Licensee may surrender any Permit and remove its Facilities from the affected Poles. <br />The Licensee will give the City written notice of the surrender. No refund of any fees or costs <br />will be made. If the Licensee surrenders a Permit but fails to remove the Licensee's Facilities <br />from the Poles within 30 days, the City will have the right to remove the Licensee's Facilities and <br />charge all costs for the removal to the Licensee, or to treat the Licensee's facilities as abandoned <br />and to assume ownership and use of the facilities. <br /> <br />ARTICLE 13. INSPECTION OF LICENSEE'S FACILITIES <br /> <br />13.01. The City reserves the right to make periodic system-wide inspections of the Licensee's <br />Facilities, with City personnel or through contractors. The Licensee will reimburse the City for <br />the cost of the system-wide inspections. If the City performs a system-wide inspection of the <br />Licensee's Facilities and the facilities of Other Licensees, the City will equitably allocate the cost <br />of the inspection among the Attaching Entities. <br /> <br />13.02. The City, at its own cost, may make inspections of the Licensee's Facilities at any time. <br />The City will give the Licensee reasonable advance written notice of inspections, except in <br />instances where safety considerations justify the need for inspections without notice. <br /> <br />13.03. If an inspection results in a finding by the City of a violation of this Agreement or a <br />deficiency in an Attachment of the Licensee, the Licensee will correct the deficiency within 10 <br />days of receipt of notice from the City, unless a shorter period for correction is stated in the <br />notice. <br /> <br />13.04. The City's making of or failure to make periodic inspections will not operate to impose <br />upon the City any liability of any kind whatsoever, or relieve the Licensee of its sole and <br />complete responsibility for the Licensee's Facilities. <br /> <br />ARTICLE 14. UNAUTHORIZED OCCUPANCY OR ACCESS <br /> <br />14.01. If any Attachment ofthe Licensee, including overlashing by a third-party, is found on any <br />Pole and does not have a current valid Permit, the City will be authorized to exercise any or all of <br />the following: <br /> <br />13 <br />
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