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<br /> <br /> <br /> <br /> <br /> <br /> year(s) from the effective date hereof; provided that at the expiration of the initial <br /> <br /> period, such term shall be automatically extended for successive periods of one (1) year, <br /> <br /> unless written notice of intent to terminate this agreement is given by either party not <br /> <br /> less than ninety (90) days prior to the expiration of the then current period. When such <br /> <br /> notice is given, this agreement shall terminate at the expiration of the then current <br /> <br /> period. <br /> <br /> (b) Notwithstanding the term set out in Paragraph 4(a) above, this Ordinance shall terminate <br /> <br /> if Final Approval does not occur as set forth in the STIPULATION OF <br /> <br /> SETTLEMENT. <br /> <br /> <br /> <br /> SECTION 5- SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS <br /> <br /> All poles placed shall be of sound material and reasonably straight, and shall be set so that they will <br /> <br /> not interfere with the flow of water in any gutter or drain, and so that the same will not unduly <br /> <br /> interfere with ordinary travel on the streets or sidewalks. The City shall have the option, but not <br /> <br /> the obligation, to exercise any and all lawful, reasonable and proper control related to the location <br /> <br /> and route of all poles, stubs, guys, anchors, conduits, fiber and cables placed and constructed by <br /> <br /> the TELEPHONE COMPANY in the construction and maintenance of its telecommunications <br /> <br /> system in the CITY. <br /> <br /> <br /> <br /> SECTION 6- ATTACHMENTS TO POLES AND SPACE IN DUCTS <br /> <br /> Nothing contained in this Ordinance shall be construed to require or permit any pole attachments <br /> <br /> for electric light or power wires or communications facilities or systems not provided by the <br /> <br /> TELEPHONE COMPANY to be attached to the TELEPHONE COMPANY'S poles or other <br /> <br /> physical plant or placed in the TELEPHONE COMPANY'S conduit. If the CITY desires pole <br /> <br /> attachments for electric light or power wires or communications facilities or systems not provided <br /> by the TELEPHONE COMPANY, or if the GITY desires to place communications facilities or <br /> <br /> <br /> systems not provided by the TELEPHONE COMPANY in any TELEPHONE COMPANY duct, <br /> then a further separate, noncontingent agreement shall be prerequisite to such attachment(s) or such <br /> <br /> use of any duct by the CITY. Nothing contained in this Ordinance shall obligate or restrict the <br /> <br /> TELEPHONE COMPANY in exercising its rights voluntarily to enter into pole attachment, pole <br /> <br /> <br /> SOLiTfIWES1'ERN BELL SETTI.EMENT ORDINANCE - PaRe 4 <br />