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96-066
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1/3/2012 12:30:33 PM
Creation date
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City Clerk
Doc Type
Resolution
Doc #
96-66
Date
7/1/1996
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change in the U.S. Department of Labor, Bureau of Labor Statistics, <br />Consumer Price Index of all items, Base 1982-1984, for the Anaheim- <br />Santa Ana Metropolitan Statistical Area which occurred during the <br />previous term or renewal term. <br /> <br />5. REMOVAL AND RELOCATION OF RADIOS. <br /> <br /> 5.1 Metricom understands and acknowledges that City may <br />require Metricom to relocate, and Metricom shall, at City's <br />direction, relocate immediately upon a request from city in <br />situations described in subsections (b) and (c) below and upon five <br />(5) business days' prior written notice in all others at Metricom's <br />sole cost and expense, a Radio whenever City reasonably determines <br />that the relocation is needed: (a) to facilitate or accommodate the <br />construction, completion, repair, relocation or maintenance of a <br />City project, (b) because the Radio is interfering with or <br />adversely affecting proper operation of City light poles, traffic <br />signals or other City facilities, or (c) to protect or preserve the <br />public health, safety, or welfare. <br /> <br /> 5.2 In the event Metricom desires to relocate any Radios from <br />one City-owned pole to another, Metricom shall so advise City. <br />City will use its best efforts to accommodate Metricom by making <br />another functionally equivalent City-owned pole available for use <br />in accordance with and subject to the terms and conditions of this <br />Franchise. <br /> <br /> 5.3 In the event that any Radio subject to this Franchise is <br />abandoned and no longer placed in service for a period-of six (6) <br />months or more, Metricom promptly shall notify the city, and the <br />city, at its option, may promptly remove the abandoned Radio(s) at <br />Metricom's sole cost and expense or dedicate the same to the City. <br />The City shall not issue notice to Metricom that the City intends <br />to exercise the option to require removal or dedication of Radios, <br />unless and until the City first gives fifteen (15) days' prior <br />written notice to Metricom to remove the Radios. If Metricom shall <br />fail to remove the Radios as required by the city, the City shall <br />be entitled to remove the Radios at Metricom's sole cost and <br />expense. Metricom shall execute such documents of title as will <br />convey all right, title, and interest in the abandoned Radios to <br />the City. <br /> <br /> 5.4 Whenever the removal or relocation of Radios is required <br />under this Franchise, and such removal or relocation shall cause <br />the street light pole or other part of the Public Right-of-Way to <br />be damaged, or if the weight of the Radios on any street light pole <br />causes any damage, Metricom, at its sole cost and expense, promptly <br />shall repair and return the street light pole or other part of the <br />Public Right-of-Way, in which the Radios are located, to a safe and <br />satisfactory condition in accordance with applicable Laws. If <br />Metricom does not return the affected site to a safe and <br /> <br /> <br />
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