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Ah This Ordinance and any right, privilege or obligation of the City or Company hereunder, shall be <br />interpreted consistently with state and federal statutory, administrative and common law, and such <br />statutory, administrative or common law shall govern in the case of conflict. This Ordinance shall not <br />be interpreted to limit the regulatory and police powers of the City to adopt and enforce other general <br />ordinances necessary to protect the health, safety, and welfare of the public. <br />SECTION 103 DEFINITIONS <br />103.1 CITY means the City of Charlottesville, Virginia, a municipal corporation. <br />103.2 COMPANY means TelCove of Virginia, LLC, including its successors and assigns. <br />103.3 DIRECTOR means the Director of Public Works for the City of Charlottesville. <br />103.4 FACILITY means any tangible asset in the Public Rights -of -Way required to provide <br />telecommunication service. <br />103.5 PATCH means a method of pavement replacement that is temporary in nature. <br />103.6 PAVEMENT means any type of improved surface that is within the Public Rights -of -Way <br />including but not limited to any improved surface constructed with bricks, pavers, bituminous, <br />• concrete, aggregate, or gravel or some combination thereof. <br />103.7 PUBLIC RIGHTS-OF-WAY or PROW means the area on, below, or above a public roadway, <br />highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, <br />included other dedicated rights-of-way for travel purposes and utility easements of the City, <br />paved or otherwise. This definition does not include a state highway system regulated pursuant <br />to the direction of the Commonwealth Transportation Board. <br />ARTICLE II <br />SECTION 201 INITIAL INSTALLATION <br />The initial installation by the Company of aerial fiber optic cable, as provided in Exhibit 1, shall <br />be located along seven (7) Dominion Virginia Power Poles located on East Market Street <br />beginning at 4`h Street N.E. and terminating at 7°i Street N.E. The initial installation shall be <br />designed in such a way to provide sufficient slack, terminations and minimum branching <br />locations so that any one -block segment could be undergrounded in the future at minimum cost <br />and without significant impact. Any additional installation of equipment, lines, cables or other <br />Facilities shall be underground unless it shall be reasonably determined by the Director as set <br />forth in Article III that it is not feasible to do so. <br />SECTION 202 SUBSEQUENT INSTALLATION <br />• <br />Page 2 <br />