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2005_Ordinances
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2005_Ordinances
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0 ARTICLE III <br />SECTION 301 ADMINISTRATION OF THE PUBLIC RIGHTS OF WAY <br />The Director is the principal City official responsible for the administration of this Ordinance <br />granting a telecommunications franchise to the Company and any of its PROW Plans. The <br />Director may delegate any or all of the duties hereunder to an authorized representative. <br />SECTION 302 SUBMISSION OF PROW PLAN <br />At least thirty (30) days before beginning any installation, removal or relocation of underground <br />or overhead Facilities, the Company shall submit detailed plans of the proposed action to the <br />Director for his or her review and approval, which approval shall not unreasonably be withheld, <br />conditioned, or delayed. <br />SECTION 303 GOOD CAUSE EXCEPTION <br />303.1 WAIVER: The Director, at his or her sole judgment, is authorized to waive the thirty (30) <br />day requirement in Section 302 for good cause shown. <br />• 303.2 EMERGENCY WORK: The Company shall immediately notify the Director of any event <br />regarding its facilities that it considers to be an emergency. The Company will proceed <br />to take whatever actions are necessary to respond to the emergency, or as directed by the <br />Director. <br />If the City becomes aware of an emergency regarding the Company's facilities, the City <br />will attempt to contact the Company's emergency representative as indicated in Section <br />1202. In any event, the City shall take whatever action it deemed necessary by the <br />Director to make an appropriate and reasonable response to the emergency. The costs <br />associated with the City's respond shall be borne by the person whose facilities <br />occasioned the emergency. <br />SECTION 304 DECISION ON PROW PLAN BY THE DIRECTOR <br />304.1 DECISION: The Director, or his or her authorized representative, shall in writing, within <br />thirty (30) days, either approve the Company's plans for proposed action as described in <br />Section 302 or inform the Company of the reasons for disapproval. The Company shall <br />designate a responsible contact person with whom officials of the Department of Public <br />Works can communicate on all matters relating to equipment installation and <br />maintenance. <br />304.2 APPEAL: Upon written request within thirty (30) days of the Director's decision, the <br />• Company may have the denial of a PROW Plan reviewed by the City Manager. The City <br />Page 5 <br />
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