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any government-owned utility; Public Right-of-Way vacation; or for any other <br />purpose where the convenience of the City would be reasonably served <br />thereby; provided, however, that the franchisee may abandon any property <br />in place if approved by the City in writing, and provide further that the <br />Franchisee shall not be required to make permanent changes in its facilities <br />to accommodate the installation of another Cable System, nor should it be <br />required to make temporary changes solely to disrupt its business or <br />otherwise provide an unfair advantage to a competitor. No action hereunder <br />shall be deemed a taking of the property of a Franchisee and a Franchisee <br />shall not be entitled to any compensation therefore. No location of any pole <br />or wire-holding structure of a Franchisee shall be a vested interest. <br /> <br />10. If any action under the preceding paragraph is reasonably required <br />to accommodate the construction, operation, or repair of the facilities of <br />another Person that is authorized to use the Public Right-of-Ways, a <br />franchisee shall, after thirty (30) days advance written notice, take action to <br />effect the necessary changes requested. The Franchisee shall be <br />reimbursed by such other Person for costs reasonably incurred in taking <br />such action. The City Council may resolve disputes as to responsibility for <br />costs associated with the removal, relaying, or relocation of facilities as <br />among entities authorized to install facilities in the Public Right-of-Ways if <br />the parties are unable to do so themselves, and if the matter is not governed <br />by a valid contract between the parties themselves and if the matter is not <br />governed by applicable law or a valid contract between the parties. <br /> <br />11. In the event of an emergency, or where a Cable System creates or is <br />contributing to an imminent danger to health, safety, or property, the City <br />may remove, relay, or relocate the pertinent parts of that Cable System <br />without prior notice. No charge shall be made by Franchisee against the <br />City for restoration and repair. <br /> <br />12. A Franchisee shall, on the request of the City or any Person holding <br />a permit issued by the City, temporarily raise or lower its wires to permit the <br />moving of buildings or oversized vehicles. The expense of such temporary <br />removal or raising or lowering of wires shall be paid by the Person <br />requesting same, and the Franchisee shall have the authority to require such <br />payment in advance, except in the case where the request is made by the <br />City on its own behalf, in which case no such payment shall be required. <br />The Franchisee shall be given not less than forty-eight (48) hours advance <br />notice to arrange for such temporary wire changes unless the City Council <br />has declared an emergency. <br /> <br />29 <br /> <br /> <br />