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(A) For the purpose of operating and maintaining the system in the city, the licensee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the streets within the city such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the system; provided that, all applicable permits applied for and granted, all fees paid and all other city codes and ordinances are otherwise complied with. The licensee will erect no poles.
(B) The right to use and occupy such streets, alleys, public ways and places for the purpose herein set forth shall not be exclusive, and the city reserves the right to grant a similar use of such streets, alleys, public ways and places, to any person at any time during the period of such franchise. The city specifically reserves the right to grant, at any time, such additional franchises for a system as it deems appropriate.
(C) Prior to construction or alteration, the licensee shall in each case file plans with all appropriate city departments and utility companies and receive written approval of such plans, which approval shall not be unreasonably withheld. The licensee shall provide a monthly progress report to city through the completion of construction or alteration.
(D) The licensee shall construct and maintain the system so as not to interfere with other uses of streets. The licensee shall make use of existing utility poles and other facilities available to the licensee, as outlined in separate pole agreement. The licensee shall individually notify all residents affected by proposed construction prior to the commencement of that work.
(E) Notwithstanding the above grant to use streets, no street shall be used by the licensee if the city determines that such use is inconsistent with the terms, conditions or provisions by which such street was created or dedicated, or presently used.
(2005 Code, § 13-110)