5413 S 2ND AVE TOUCH AMERICA 2018-01-02 MF Import

--. -- ........I I......v, •,,.. -.uo Mao J-Iw r'.am users of the Rights -of -Way for such relocation, the Penmittee shall be entitled to its pro rats share of such funds. 26. If the Permittee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Permittee, including all cogs and expenses incurred by the City due to the Permittee's delay. in such event, the City shall not be liable for any damage to any portion of the Permittee's telecommunication system. Within thirty (30) days of receipt of an itemized list of those costs, the Permittee shall pay the City. 27. If any removal, replacement, modification or disconnection of the telecornmtutication system is required to accommodate the construction, operation or repair of the facilities or equipment of another City franchise holder, the Pemtittee shall, after at least thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity. the Permittee may require that the costs associated with the removal or relocation be paid by the benefited party. 28. At the request of any Person holding a valid permit and upon reasonable advance notice, the Permittee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The expense of such temporary changes must be paid by the permit holder, and the Permittee may require a reasonable deposit of the estimated payment in advance. 29. Nothing in this Permit shall prevent the City or public utilities owned, maintained or operated by public entities other than the City from constructing sewers; grading, paving, repairing or altering any right-of- way; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of the Permittee's telecommunication system. 30. The Permittee may prune or cause to be pruned, using proper pruning practices, any tree in the City's Rights -of -Way which interferes with the Permittee's telecommunication system. the Permittee shall c»mply with any general ordinance or regulations of the City regarding tree trimming. Except in emergencies, the Permittee may not prune trees at a point below thirty (30) feet above sidewalk grade until one (1) week written notice has been given to the owner or occupant of the premises abutting the right-of-way in or over which the tree is growing. The owner or occupant of the abutting premises may pr,:te such tree at his or her own expense during this one (1) week period If the owner or occupant fails to do so, the Permittee may prune such tree at its own expense. For purposes of this subsection, emergencies exist when it is necessary to prune to protect the public or the Permittee's facilities from imminent danger only. 31. The City may inspect any of the Pemtittee's facilities, equipment or construction at any time upon at least twenty-four (24) hours notice, or, in case of emergency, upon demand without prior notice. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable law, may order the Permittee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time tre City establishes. The City has the right to corre:et, inspect, administer and repair the unsafe condition if the Permittee fails to do so, and to charge the Permittee therefor. 32. On notice from the City that any work is being perforated contrary to the provisions of this Permit, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City.