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Ordinance 2001-138
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Ordinance 2001-138
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Last modified
8/19/2013 4:46:44 PM
Creation date
1/25/2006 4:41:01 PM
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CityClerk-Ordinances
Ordinance Number
2001-138
Date (mm/dd/yyyy)
09/20/2001
Description
Amend Ord 2000-91, Communications Facilities in Public Right
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<br />Section 10 - Involuntary termination of Relrlstration <br />1. The City may terminate a Registration if: <br /> <br />(a) a Federal or State authority suspends, denies, or revokes a Registrant's <br /> <br />certification or license to provide Communications Services; <br /> <br />(b) the Registrant's placement or maintenance of a Communications Facility <br /> <br /> <br />in the Public Rights-of-Way presents an extraordinary danger to the general public or other users <br /> <br /> <br />of the Public Rights-of-Way and the Registrant fails to remedy the danger promptly after receipt <br /> <br /> <br />of written notice; or <br /> <br /> <br />(c) the Registrant ceases to use all of its Communications Facilities in Public <br /> <br /> <br />Rights-of-Way and has not complied with Section 17 of this Ordinance. <br /> <br /> <br />2. Prior to tennination, the Registrant shall be notified by the City Manager with a <br /> <br />written notice setting forth all matters pertinent to the proposed tennination action, including which <br /> <br />of (a) through (c) above is applicable as the reason therefore, and describing the proposed action of <br /> <br />the City with respect thereto. The Registrant shall have thirty (30) days after receipt of such notice <br /> <br />within which to cure or within which to present a plan to cure, satisfactory to the City Manager or <br /> <br />designee. If the plan is rejected, the City Manager or his designee shall provide written notice of such <br /> <br />rejection to the Registrant. The City shall make a final decision as to tennination of the Registration. <br /> <br />3. In the event of tennination, the former Registrant shall: (a) notify the City of the <br /> <br />assumption or anticipated assumption by another Registrant of ownership of the Registrant's <br /> <br />Communications Facilities in Public Rights-of-Way; or (b) provide the City with an acceptable plan <br /> <br />for disposition of its Communications Facilities in Public Rights-of-Way. If a Registrant fails to <br /> <br />comply with this subsection 3., the City may exercise any remedies or rights it has at law or in equity, <br /> <br />including but not limited to taking possession of the Facilities where another Person has not assumed <br /> <br />the ownership or physical control of the Facilities or requiring the Registrant within 90 days of the <br /> <br />13 <br />
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