98-019 ORD GRANT PEOPLES COMMUNICATION PERMITS TO USE COP STREETS, ALLEYS, HIGHWAYS, PUBLIC THOROUGHFARES AND WAYS

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Section 13. In addition to the consideration set forth above, PCI shall hold itself ready to furnish, subject to the use of the CITY, such wire or fiber-optic cable space and duct space as may be required from time to time by the CITY upon the poles, ducts, and cables now owned or hereafter erected, installed, or utilized by PCI in the CITY including, but not limited to, those for the use of the CITY's police, fire alarm, emergency warning systems, and traffic signal systems (hereinafter referred to in this section as "systems"). The location on the poles of the systems shall be determined on specific applications for space at the time the applications are received from the CITY and will be allotted in accordance with the considerations for electrical construction of the United States Department of Commerce, Bureau of Standards. PCI shall hold itself ready to furnish sufficient duct or cable space not to exceed the capacity of one duct or cable and four (4) fibers for the use by the CITY in carrying its systems. All such wires or fiber-optic cable, whether on poles or in conduits, shall be constructed, maintained, and operated in such manner as not to interfere with or create undue hazard in the operation of the communication system of PCI. Section 14. This ordinance and the agreements contained herein shall be in full force and effect for the period beginning with the effective date hereof and ending ten (10) years later unless extended by the governing body as provided herein. Section 15. The CITY, at its option, may terminate this franchise by giving written notice of such termination to PCI on the occurrence of any of the following: The filing of a voluntary bankruptcy by PCI. b. The taking of jurisdiction of PCI or its assets in bankruptcy proceedings by any court, such proceedings not being vacated within thirty (30) days. c. The taking of PCI's interest in this contract or a property placed on the premises by execution. d. The appointment by a court of a receiver for PCI, such proceedings not being vacated in thirty (30) days. Section 16. Notwithstanding any other provisions of this ardinance, the City Council shall have the option to forfeit, cancel, or terminate this franchise at any time for failure of PCI to comply with any terms, conditions, or provisions of this franchise or if PCI should fail to comply with any reasonable provisions of any ordinances of the CITY regulating the use by PCI of the streets, alleys, highways, thoroughfares, or public ways of the CITY in accordance with the following procedures: a. If PCI further continues to violate or fail to comply with the terms and provisions of this franchise or the terms and conditions of any applicable CITY ordinance for a period of thirty (30) days after PCI shall have been notified in writing by the CITY to cease and desist from such violation or failure to comply as specified, then PCI shall be deemed to have forfeited and annulled and shall thereby farfeit and annul all rights and privileges granted by this franchise; provided, however, that, if PCI is in violation of any provision of this ordinance other than the payment of money, and if PCI commences work or other efforts to cure such violations within thirty (30) days after receipt of written notice, and shall thereafter prosecute such curative work with reasonable diligence until such curative work is completed, then such violations shall cease to exist, and the franchise will not be forfeited. b. Provided that such forfeiture shall be declared only by a written decision of the governing body after an appropriate public proceeding before the governing body according to PCI due process and full opportunity to be heard and to respond to any such notice of violation or failure to comply. All due process requirements shall be met by providing PCI at least prior written notice of any public hearing concerning the forfeiture of the franchise and, in addition, fifteen (15) days notice Page -5-