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Res 2005-177
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Res 2005-177
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Last modified
7/21/2006 11:17:39 AM
Creation date
7/21/2006 11:17:10 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-177
Date
12/7/2005
Volume Book
164
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<br />I <br /> <br />I <br /> <br />I <br /> <br />12.02 If the LIcensee has not comnleted the installatIOn of the Attachments authonzed by a <br />PermIt wIthm 60 days from the Issuance of the PermIt, and there IS no eVIdence of ongomg <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 withm the 15 day notice penod, <br />the PermIt IS revoked and the LIcensee wIll remove any facIlItIes It has mstalled or attached <br />under the permIt withm 10 days. If the LIcensee fails to remove the facIhtIes from the Poles <br />wIthm the 10 days, the CIty WIll have the nght 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 />ofthe facIhtIes. <br /> <br />1203 The LIcensee may surrender any PermIt and remove ItS FacIlItIes from the affected Poles. <br />The LIcensee wIll gIve the City wntten 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 withm 30 days, the City WIll have the nght to remove the LIcensee's FacIlIties and <br />charge all costs for the removal to the LIcensee, or to treat the LIcensee's facIhtIes 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 nght to make penodIc system-wIde mspectIOns 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 mspectIons. If the CIty performs a system-wIde InSpectIOn of the <br />Licensee's FacIhtIes and the facIhtIes of Other Licensees, the CIty wIll eqUItably allocate the cost <br />of the mspectIOn among the Attachmg EntItIes. <br /> <br />13 02 The CIty, at ItS own cost, may make mspectIOns of the LIcensee's FacIlIties at any time. <br />The CIty wIll give the LIcensee reasonable advance wrItten notIce of mspectIOns, except m <br />mstances where safety consideratIOns JUStIfy the need for mspectIOns wIthout notIce. <br /> <br />13 03 If an mspectIOn results m a findmg by the CIty of a VIOlatIOn of thIS Agreement or a <br />defiCiency m an Attachment of the LIcensee, the LIcensee Will correct the defiCIency wIthm 10 <br />days of receIpt of notIce from the CIty, unless a shorter penod for correctIOn IS stated In the <br />notice <br /> <br />13 04 The City's making of or failure to make penodlc Inspections wIll not operate to Impose <br />upon the City any habIhty of any kind whatsoever, or relieve the Licensee of its sole and <br />complete responsibihty for the Licensee's FaCIlItIes. <br /> <br />ARTICLE 14. UNAUTHORIZED OCCUPANCY OR ACCESS <br /> <br />1401 If any Attachment of the LIcensee, mcludmg overlashmg by a third-party, IS found on any <br />Pole and does not have a current vahd PermIt, the CIty wIll be authonzed to exerCIse any or all of <br />the followmg' <br /> <br />13 <br />
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