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6213
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Last modified
12/6/2004 2:48:02 PM
Creation date
11/5/2014 12:22:16 PM
Metadata
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Template:
City Ordinances
Passed
8/16/1999
Ordinance Number
6213
Bill Number
8438
Introdate
8/16/1999
Description
NextLink, Inc. Agreement
Introduced By
Schoomer
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(b) Not make nor begin an excavation in any public street, alley, right-of-way <br />dedicated to public use, or easement, without first giving notice to and obtaining information from <br />each and every public utility, corporation or other person having possible underground facilities <br />within such area concerning the possible location of any underground facility. <br /> <br /> (c) Upon request by any other person intending to commence excavation, inform <br />such excavator as promptly as practical, but in any event within two (2) working days from <br />receipt of notice, unless otherwise mutually agreed, by some reasonable and customary means, of <br />the correct location of underground Facilities in or near the area of the excavation work to locate <br />the Facilities in advance of and during the excavation work. <br /> <br /> (d) In the event NEXTLINK damages, dislocates or disturbs any underground <br />facility in connection with any excavation, the person responsible for the excavation operations <br />shall immediately notify the owner or operator of the disturbed facility. <br /> <br /> (e) CoOperate with public utilities and the City Director of Public Works and the <br />St. Louis County Department of Highways and Traffic in any marking or signing program <br />designed to facilitate the location of underground facilities. <br /> <br /> 6. Removal. NEXTLINK may, in the exercise of its sole and absolute discretion, <br />effect the Removal of any or all of the Facilities from the Public Ways, which Removal shall not <br />terminate this Agreement. NEXTLINK shall deliver written notice of its intent to remove the <br />Facilities to the City Director of Public Works at least twenty (20) days prior to commencing such <br />Removal. NEXTLINK shall obtain any and all permits required by the City prior to commencing <br />such Removal. Upon receiving the required notice of Removal of Facilities from NEXTLINK, <br />regardless of whether the Term has ended, the City shall have the right to purchase any or all of <br />the Facilities owned by NEXTLINK or an affiliate thereof at the fair market value, as determined <br />by an independent appraiser, provided the City notifies NEXTLINK in writing of the City' s intent <br />within fifteen (15) days after NEXTLINK notifies the City of NEXTLINK's intent to remove the <br />Facilities. <br /> <br /> 7. Relocation. The City may request relocation of the Facilities by delivering written <br />notice thereof to NEXTLINK, which notice shall delineate with specificity the alternative Public <br />Ways to which NEXTLINK may relocate such Facilities. NEXTLINK shall thereafter relocate <br />such Facilities to such alternative Public Ways (or such other Public Ways as NEXTLINK and the <br />City Director of Public Works may reasonably agree) as soon as practicable, but in no event later <br />than one hundred and eighty (180) days after delivery of such notice. In the event such relocation <br />is necessitated by virtue of construction, repair, maintenance, improvement, relocation or <br /> <br />-4- <br /> <br /> <br />
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