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6270
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Last modified
12/6/2004 2:48:51 PM
Creation date
11/5/2014 12:22:37 PM
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City Ordinances
Passed
10/30/2000
Ordinance Number
6270
Bill Number
8493
Introdate
10/16/2000
Description
Approving an agreemment between U. City and Level 3 Communications to install telecommunication cable in the city
Introduced By
Colquitt
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(b) Not make nor begin an excavation in any public street, alley, fight-of-way <br />dedicated to public use, or easement, without first giving notice to and obtaining information <br />from each and every public utility, corporation or other person having possible underground <br />facilities 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 Level 3 damages, dislocates or disturbs any underground facility <br />in connection with any excavation, the person responsible for the excavation operations shall <br />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. Level 3 may, in the exercise of its sole and absolute discretion, effect <br />the Removal of any or all of the Facilities from the Public Ways, which Removal shall not <br />terminate this Agreement. Level 3 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 <br />such Removal. Level 3 shall obtain any and all permits required by the City prior to <br />commencing such Removal. Upon receiving the required notice of Removal of Facilities from <br />Level 3, regardless of whether the Term has ended, the City shall have the fight to purchase any <br />or all of the Facilities owned by Level 3 or an affiliate thereof at the fair market value, as <br />determined by an independent appraiser, provided the City notifies Level 3 in writing of the <br />City's intent within fifteen (15) days after Level 3 notifies the City of Level 3's intent to remove <br />the Facilities. <br /> <br /> 7. Reloeation. The City may request relocation of the Facilities by delivering <br />written notice thereof to Level 3, which notice shall delineate with specificity the altemative <br />Public Ways to which Level 3 may relocate such Facilities. Level 3 shall thereafter relocate such <br />Facilities to such alternative Public Ways (or such other Public Ways as Level 3 and the City <br />Director of Public Works may reasonably agree) as soon as practicable, but in no event later than <br />one hundred and eighty (180) days after delivery of such notice. In the event such relocation is <br />necessitated by virtue of construction, repair, maintenance, improvement, relocation or <br /> <br />-4- <br /> <br /> <br />
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