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to relocate its facilities located within the Rights-of-Way, the City shall make a reasonable eti'ort to provide
<br /> the Permittee with an altemate loca6on within the Rights-of-Way. If funds aze generally made available to '
<br /> users of the Rights-of-Way for such relocation, the Permittee shall be enritled to its pro rata shaze of such
<br /> funds.
<br /> 26. If the Permittee fails ro complete this work within the time prescribed and to the City's satisfacNon,the City
<br /> may cause such work to be done and bill the cost of the work to the Pemvttee, including all cos�s and
<br /> expenses incurred by the City due to the Permittee's delay. 1n such event, lha City shall not be liable for
<br /> any damage to any portion of the Pemtittee's telecommunication system. Within thirty(30) days of receipt
<br /> of an itemized list of those costs,the Permittee shall pay the City.
<br /> 27. If any, relocation, replacement, or modification of the telecommunication system is required to
<br /> accommodate the construction, operation or repair of the facilities or equipment of another City fianchise
<br /> holder, the Permittee shall, after at least thirty (30) days' advance written notice, take ac6on to effect the
<br /> necessary changes requested by the responsible entity. The Permittee may require that the costs associated
<br /> with the removal or reIocation be paid by the benefited party.
<br /> 28. At the request of any Person holding a valid permit and upon reasonable advance notice, the Permittee shall
<br /> temporarily raise, lower or remove its wires as necessary to pemut the moving of a building, vehicle,
<br /> equipment or other item. The expense of such temporary changes must be paid by the requesting permit
<br /> holder, and the Permittee may require a reasonable deposit of the estimated payment in advance.
<br /> 29. Nothing in this Permit shall prevent the City or public utilities owned, maintained or operated by public
<br /> entiries other than the City firom constructing sewers; grading, paving, repairing or altering any right-of-
<br /> way; laying down,repairing or removing water mains; or constructing or establishing any other public wotk
<br /> or improvement. All such work shall be done, insofar as practicable, so as not to obstruct,injure or prevent
<br /> the use and operation of the Permiriee's telecommunication system.
<br /> 30. The Pemuttee may prune or cause to be pruned, using proper pnu�ing practices, any tree in the City's
<br /> Rights-of-Way which interferes with the Permittee's telecommunication system. The Permittee shall
<br /> comply with any general ordinance or regulations of the City regazding tree trimraing. Except in
<br /> emer encies the Pemvttee ma not rune trees at a oint below Uu �
<br /> � , Y p p rty(30) feet above sidewalk grade until
<br /> one (1) week wriuen notice has been given ro the owner or occupant of the premises abutting the right-of-
<br /> way in or over which the tree is growing. The owner or occupant of Uie abutting premises may prune such
<br /> tree at his or her own expense during tlus one (1) week period. If the owner or occupant fails to do so,the
<br /> Perntittee may prune such tree at its owt�expense. For purposes of this subsection, emergencies exist when
<br /> it is necessary to prune to protect tl�e public or the Pemuttee's facilities from inuninent danger only.
<br /> 31. The Ciry may inspect any of the Permittee's facilities, equipment or construction at any time upon at least
<br /> twenty-four (24) hours notice, or, in case of emergency, upon demand without prior notice. If an unsafe
<br /> condition is found to exist, the City, in addition to taking any other acrion permitted under applicable law,
<br /> may order the Pemuttee, in writing,to make the necessary repairs and alterations specified therein forthwith
<br /> to correct the unsafe condition by a time the City establishes. The City has the right to correct, inspect,
<br /> administer and repair the unsafe condition if the Pemuttee fails to do so, and to chazge the Pemuttee
<br /> therefor.
<br /> 32. On notice from the City tliat any work is being performed contrary to the provisions of tlils Permit, or in an
<br /> unsafe or dangerous manner as deteanined by the City,or in violation of the terms of any applicable permit,
<br /> laws,regulations,ordinances,ar st�.ndazds,the work may immediately be stopped by the City.
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