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n u AN ORDINANCE GRANTING A TELECOMMUNICATIONS AGREEMENT TO SOUTHERNNET SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, TO USE THE STREETS AND OTHER PUBLIC PLACES OF THE CITY OF CHARLOTTESVILLE, VIRGINIA FOR ITS POLES, WIRES, CONDUITS, CABLES AND FIXTURES FOR A PERIOD OF FIVE (5) YEARS. BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that SouthernNet Systems, Inc. (the "Company"), its successors and assigns, for a period of five (5) years from the effective date hereof be, and is hereby, authorized and empowered to erect, maintain, and operate certain telephone lines and associated equipment including posts, poles, cables, wires and all other necessary overhead and underground apparatus and associated equipment on, over, along, in, under and through the streets, alleys, highways, and other public places of the City of Charlottesville, Virginia, as its business may from time to time require, and to use the property of the City of Charlottesville, Virginia, and other companies franchised by the City and permit other companies to use its property upon such arrangements as the companies may agree; provided that: Section 1. The installation of lines, cable or equipment shall • be underground unless it shall be determined by the Director of Public Works, pursuant to Section 2 hereof, that it is not feasible (or practicable) to do so. For all installations placed above ground pursuant to that determination, and for all underground installations, the Company shall use the existing poles, conduits or facilities of other telephone or electric utilities where feasible (or practicable). If existing facilities are not available for use by the Company, the location and installation of posts, poles, cables, wires, and related equipment and apparatus pursuant to this agreement shall be subject to the approval of the Director of Public Works and to such general ordinances or regulations governing such installations as may be adopted by the City from time to time. • Section 2. At least thirty (30) days before beginning any installation, removal, or relocation of underground or overhead equipment the Company shall submit detailed plans of the proposed action to the Director of Public Works. The Director of Public Works, or his or her authorized representative, shall within thirty (30) days either approve the plans or inform the Company of the reasons for disapproval. The Company shall designate a responsible contact person with whom officials of the City can communicate on all matters relating to equipment installation and maintenance. 1