2007-124 Ordinance - Laserfiche WebLink

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i ' k *%W? '«wl otherwise, without consent of the City; provided that with respect to any transactions (including transactions between Affiliated entities) that singularly or collectively result in a change of twenty-five percent (25%) or more of the ownership or ultimate working control of a Service Provider or Contractor, of the ownership or working control of the Service Provider's Facility, or of control of the capacity or bandwidth of the Service Provider's System, Facilities or substantial parts thereof, the transferor and transferee shall comply with the following: (1) Notify the City no later than thirty (30) days after the date of transfer; and (2) The transferee shall fully comply with this Chapter within sixty (60) days of the transfer, including, but not limited to providing the City with all information required by the Initial Registration required by Section 902.02(d) of this Chapter. (j) Revocation of Consent; Suspension of Registration. Subject to Section 902.05(k) and applicable state and federal law, the City may revoke consent granted to Occupy or Use the City's Right-of-Way, suspend a Service Provider or Contractor's Registration and/or revoke a Construction Permit for any one of the following reasons: (1) Construction, Reconstruction, operation or Excavation at an unauthorized location. (2) Construction, Reconstruction or operation in violation of City's safety and/or Construction requirements. (3) Material misrepresentation or lack of candor by or on behalf of a Service Provider or Contractor in any application or registration required by this Chapter. (4) Failure to relocate or remove Facilities, or failure to restore the Right-of- Way, as required by this Chapter. (5) Insolvency or bankruptcy of the Service Provider or Contractor. (6) Violation of material provisions of this Chapter. (k) Notice of Violation and Duty to Cure. In the event that the City Engineer believes that grounds exist for revocation of consent to Occupy or Use the Right-of-Way or Construction Permit, or suspension of Registration, he or she shall give the Service Provider or Contractor written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Service Provider or Contractar a reasonable period of time not exceeding thirty (30) days to furnish evidence: (1) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; (2) That rebuts the alleged violation or noncompliance; and/or (3) That a lesser penalty or sanction would better serve the public interest. 902.06 LOCATION, RELOCATION AND REMOVAL OF FACILITIES. (a) Location of Facilities. All Facilities shall be Constructed, Reconstructed, installed and located in accordance with the following terms and conditions: (1) Underground Facilities. (A) To the extent technologically practicable, all Facilities shall be located entirely underground. (B) Whenever the existing electric, cable, telecommunications and other similar Facilities are located underground in a Right-of-Way, 512729-1 15 I