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Ordinance 2018-531
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Ordinance 2018-531
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Last modified
12/6/2018 10:39:28 AM
Creation date
12/6/2018 10:29:53 AM
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CityClerk-Ordinances
Ordinance Number
2018-531
Date (mm/dd/yyyy)
12/06/2018
Description
Repeal Art II “Telecommunications ROW” of Chap 129; Amend Art III Chap 129 “Comm ROW”
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§ 129-36. - Other agreements, permits and easements. Reserved. <br /> Nothing in this article or license shall be construed to require the City to assume any responsibility <br /> for the securing of any right of way, easements, or othcr rights, which may be required by the <br /> licensee for the installation of its telecommunications system, nor shall the City be responsible for <br /> securing any permits or agreements with other persons or utilities. <br /> § 129-37. -No property rights conveyed. Reserved. <br /> Nothing in this article or in the license shall grant to the license holder any right of property in City <br /> owned property or public rights of way, nor shall the City be compelled to maintain any of its <br /> property or public rights of way any longer than, or in any other fashion than in the City's <br /> judgment, its own business or needs may require. <br /> § 129-38. - Location or relocation of facilities. Reserved. <br /> A. Unless controlling law provides otherwise, the licensee's system shall be installed underground <br /> facilities are installed above ground, the licensee may install its facilities underground or above <br /> ground, at its discretion. <br /> B. Licensee shall not place any fixtures or equipment where the same will interfere with any <br /> licensee shall locate its lines and equipment in such a manner as not to interfere unnecessarily with <br /> the usual travel on streets; with the installation or operation of gas, electric, CATV, telephone, <br /> water, drainage, or sewer line equipment, or with the rights of owners of property which abuts any <br /> public right of way. <br /> their systeifts= - . . _ •- . . . •- :t of way-area-where existing power or telephone <br /> facilities are hereafter so relocated. Any such relocation shall be at the licensee's expense, and such <br /> facilities. <br /> D. The licensee shall have the authority to trim trees upon or overhanging streets, alleys, sidewalks <br /> contact with the wires and cables of the licensee, in a manner approved by and acceptable to the <br /> City. When the City determines such trimming is necessary to protect the health safety and welfare <br /> of the public, such trimming may be done by it or under its supervision and direction at the expense <br /> of the licensee, if prior notification has been given to the licensee and licensee thereafter failed to <br /> E. Licensee shall promptly and at the licensee's own expense protect, support, temporarily <br /> disconnect, remove, modify or relocate any part of their system when required by the City by reason <br /> of traffic conditions, public safety, road construction, change of street grade, installation of sewers, <br /> drains, water pipes, power lines, signal devices, tracks, any other type of City improvement project, <br /> or to accommodate the abandonment of any street. Such work shall be completed no later than 30 <br /> days after receiving notice from the City or such longer period as may be agreed to by the City. In <br /> the event such contingency occurs, and the licensee fails to remove or modify its system, the City <br /> may, upon notice to licensee, make the necessary removals and charge the licensee for the cost. <br /> Nothing in this section shall be construed to waive any rights the licensee may have under state or <br /> federal law to be reimbursed for relocation expenses. <br /> 8 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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