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(i) Provide record drawings of as-built conditions within sixty days of installation of <br /> facilities within public right-of-way, such drawings to be in paper and electronic <br /> formats as specified by the City; and <br /> (j) Comply with applicable federal and state safety laws and standards. <br /> (7)Nothing in this section shall be construed as <br /> (a) creating, expanding, or extending any liability of the City to any third-party user <br /> of facilities or third-party beneficiary; or <br /> (b) Limiting the right of the City to require an indemnification agreement or setting <br /> such other terms and conditions as the City deems appropriate as a condition of a <br /> service provider's facilities occupying the right of way. <br /> (8) Nothing in this section creates, modifies, expands, or diminishes a priority of use of the <br /> right of way by a service provider or other utility, either in relation to other service providers or in <br /> relation to other users of the right of way for other purposes. <br /> Section 4. No Change in Authority. This ordinance does not amend, limit, repeal, or otherwise <br /> modify the authority of the City to regulate cable television services pursuant to federal law or limit <br /> the authority of the City to regulate the placement of facilities through zoning or police power <br /> Section 5. Relocation <br /> (1) Service providers shall relocate authorized facilities within the right of way when <br /> reasonably necessary for construction, alteration, repair, or improvement of the right of way for <br /> purposes of public welfare,health, or safety. <br /> (2) The City shall notify service providers of the need for relocation and shall specify the date <br /> by which relocation shall be completed. Service providers shall complete the relocation by the date <br /> specified, unless the City, or a reviewing court, establishes a later date for completion, after a <br /> showing by the service provider that the relocation cannot be completed by the date specified using <br /> best efforts and meeting safety and service requirements. <br /> (3) Service providers may not seek reimbursement for their relocation expenses from the City <br /> unless: <br /> (a) The service provider had paid for the relocation cost of the same facilities at the <br /> request of the City within the past five years, the service provider's share of the <br /> cost of relocation will be paid by the City; <br /> (b) Where aerial to underground relocation of authorized facilities is required by the <br /> City under subsection (1) of this section, for service providers with an ownership <br /> share of the aerial supporting structures, the additional incremental cost of <br /> underground compared to aerial relocation, or as provided for in the approved <br /> 5 <br />