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Ordinance 3610-18
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Ordinance 3610-18
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8/24/2018 9:21:50 AM
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8/24/2018 9:21:39 AM
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Ordinances
Ordinance Number
3610-18
Date
7/25/2018
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Grantee may prune or cause to be pruned, using proper pruning practices, any tree in the City's <br /> Rights-of-Way which interferes with Grantee's Telecommunications System. Grantee shall comply <br /> with any ordinance or regulations of the City regarding tree trimming. Except in emergencies, <br /> Grantee may not prune trees at a point below thirty (30) feet above sidewalk grade until one (1) <br /> week written notice has been given to 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 the abutting premises may <br /> prune such tree at his or her own expense during this one (1) week period. If the owner or occupant <br /> fails to do so, Grantee may prune such tree at its own expense. For purposes of this subsection, <br /> emergencies exist when it is necessary to prune to protect the public or Grantee's Facilities from <br /> imminent danger only. <br /> 8.15. Inspection of Construction and Facilities <br /> The City may inspect any of Grantee's Facilities or equipment in the public rights of way at any <br /> time upon at least twenty-four (24) hours' notice, or, in case of emergency, upon demand without <br /> prior notice. If an unsafe condition is found to exist, the City, in addition to taking any other action <br /> permitted under applicable law, may order Grantee, in writing, to make the necessary repairs and <br /> alterations specified therein forthwith to correct the unsafe condition by a time the City establishes. <br /> The City has the right, but not the obligation, to correct, inspect, administer and repair the unsafe <br /> condition if Grantee fails to do so, and to charge Grantee therefor. The provisions of this Section <br /> 8.15 shall survive the expiration,revocation, or termination of this Franchise. <br /> 8.16. Stop Work <br /> On notice from the City that any work is being performed contrary to the provisions of this <br /> Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the <br /> terms of any applicable permit, laws, regulations, ordinances, or standards, the work may <br /> immediately be stopped by the City by issuing a stop work order using the procedures established <br /> by the EMC. <br /> 8.17. Work of Contractors and Subcontractors <br /> Grantee's contractors and subcontractors shall be licensed and bonded in accordance with the City's <br /> ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the <br /> same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee <br /> shall be responsible for all work performed by its contractors and subcontractors and others <br /> performing work on its behalf as if the work were performed by it, and shall ensure that all such <br /> work is performed in compliance with this Franchise and other applicable law, and shall be jointly <br /> and severally liable for all damages and correcting all damage caused by them. It is Grantee's <br /> responsibility to ensure that contractors, subcontractors or other Persons performing work on <br /> Grantee's behalf are familiar with the requirements of this Franchise and other applicable laws <br /> governing the work performed by them. <br /> New Cingular Wireless PCS,LLC <br /> Small Cell Franchise 23 of 33 <br />
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