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Reso 1996-131 to 135
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Reso 1996-131 to 135
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1996
Retention
PERM
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as soon as reasonably practicable. To the extent practicable, PG&E shall take into <br />consideration the locational preference of Permittee for street lighting purposes; however, <br />the final decision regarding any relocation and/or alternate location shall be solely made <br />by PG&E. In the case of a relocation of the Pole Attachments, PG&E may, at its option: <br />(a) require Permittee to move its equipment and facilities to the alternate location, or (b) <br />choose to move the Permittee's equipment and facilities with reimbursement from <br />Permittee for the costs and expenses of moving such equipment and facilities to <br />accommodate the relocation. <br />7.3 REMOVALS. On being given at least thirty (30) days' written notice by PG&E to do so <br />or in cases of emergency on such notice less than thirty (30) days as the circumstances <br />reasonably permit, the Permittee shall remove its equipment from the PG&E Poles as <br />PG&E shall designate in said notice and at the expiration of the time specified in said <br />notice all rights and privileges of the Permittee hereunder in and to the PG&E Poles <br />designated shall terminate. Such notice may be given by PG&E if: (i) PG&E needs the <br />space or capacity occupied by the Permittee's equipment for its own use and the existing <br />equipment on the subject pole or anchor (including Permittee's equipment) cannot be so <br />rearranged in accordance with Section 7.5 hereof to create the required space or capacity <br />for PG&E's use and the Pole Attachment; or (ii) an ownership interest in the pole and/or <br />anchor is being transferred to a third party or parties, and the space occupied by the <br />Permittee's Pole Attachment is needed by the third party. <br />7.4 REMAINING POLES. If PG&E shall so terminate its penmission hereunder as to only <br />a portion of the PG&E Poles on which Permittee maintains Pole Attachments, then <br />Permittee shall retain the right to maintain Pole Attachments on all remaining PG&E <br />Poles for which there are approved contact permits hereunder, subject to PG&E's right at <br />any time, or from time to time hereafter, to terminate its permission as to any portion or <br />all of the remaining PG&E Poles pursuant to the terms of this Agreement. <br />7.5 REPLACEMENT POLES. Permittee shall pay all costs to rearrange and/or install <br />larger or additional poles whenever such rearrangement and/or larger or additional pole(s) <br />are necessitated solely by reason of the existence of the Pole Attachment, including, but <br />not limited to, if such rearrangement and/or larger or additional pole(s) are necessitated <br />by the subsequent addition of PG&E's or other pole owners' equipment to the subject <br />pole(s) and the rearrangement and/or larger or additional pole(s) would not be required in <br />the absence of the Pole Attachment(s). Permittee's replacement obligation hereunder <br />shall not arise as a result of the addition of third party (excluding other pole owners) <br />equipment to PG&E poles. <br />Absent an emergency or safety hazard, PG&E shall provide Permittee (i) thirty (30) days' <br />prior written notice of the need of such pole replacements, and (ii) an estimate of <br />Permittee's cost of the replacement. Permittee shall notify PG&E within said thirty (30) <br />days in writing of its intent to remove its Pole Attachments or to accept the replacement <br />cost. If Permittee intends to remove its Pole Attachments, it shall reimburse PG&E for <br />the reasonable cost of generating the estimate of the cost of the replacement pole(s). <br />0 <br />
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