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6271
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6271
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Last modified
12/6/2004 2:48:50 PM
Creation date
11/5/2014 12:22:38 PM
Metadata
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City Ordinances
Passed
10/30/2000
Ordinance Number
6271
Bill Number
8494
Introdate
10/16/2000
Description
Approving agreement between the City and Axon Telecom to install underground cable
Introduced By
Colqitt
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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 <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 Axon damages, dislocates or disturbs any underground facility in <br />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. Axon may, in the exercise of its sole and absolute discretion, effect the <br />Removal of any or all of the Facilities from the Public Ways, which Removal shall not terminate <br />this Agreement. Axon shall deliver written notice of its intent to remove the Facilities to the City. <br />Director of Public Works at least twenty (20) days prior to commencing such Removal. Axon <br />shall obtain any and all permits required by the City prior to commencing such Removal. Upon <br />receiving the required notice of Removal of Facilities from Axon, regardless of whether the <br />Term has ended, the City shall have the right to purchase any or all of the Facilities owned by <br />Axon or an affiliate thereof at the fair market value, as determined by an independent appraiser, <br />provided the City notifies Axon in writing of the City's intent within fifteen (15) days after Axon <br />notifies the City of Axon's intent to remove the Facilities. <br /> <br /> 7. Relocation. The City may request relocation of the Facilities by delivering <br />written notice thereof to Axon, which notice shall delineate with specificity the alternative Public <br />Ways to which Axon may relocate such Facilities. Axon shall thereafter relocate such Facilities <br />to such alternative Public Ways (or such other Public Ways as Axon and the City Director of <br />Public Works may reasonably agree) as soon as practicable, but in no event later than one <br />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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