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2015-11-03
CITY-OF-BATESVILLE
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2015-11-03
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of construction, and shall as soon as practicable restore the public ways to as good <br /> condition as before the construction was commenced. <br /> (c) Ritter shall have the authority to divert or detour traffic from the area of <br /> construction on proper notice to the Police Department and Public Works Department of <br /> the city when diversion or detour is necessary for the safety and well-being of the <br /> inhabitants of the city. <br /> (d) Ritter shall promptly furnish to the Department of Public Works, or to any <br /> other authority, any and all information which may be requested in regard to any <br /> portion of its system, in any form whatsoever, and any other information in regard to its <br /> occupation of the public ways. <br /> (e) Ritter shall remove, raise or lower its wires, cables or lines temporarily to <br /> permit the moving of houses or other structures provided that a person requesting such <br /> temporary removal, raising or lowering of any portion of the system shall pay the <br /> expense of such temporary removal, raising or lowering, and provided that Ritter shall <br /> not be required to take action to remove, raise or lower any portion of its system within <br /> less than 48 hours advance notice. <br /> (f) Permission is hereby granted to Ritter to trim trees upon and overhanging <br /> the public ways of the city so as to prevent the branches of such trees from coming in <br /> contact with any portion of its system. <br /> SECTION 9: The franchise awarded hereunder shall take effect and be in full <br /> force from and after approval by the Mayor and City Council of the City of Batesville, <br /> Arkansas, from the date signed. Nothing in the preceding sentence shall be construed as <br /> to prohibit any modification of this agreement. The Mayor shall send a certified copy of <br /> this Ordinance to Ritter once this Ordinance becomes law to notify Ritter of the <br /> Ordinance. <br /> i SECTION 10: Severability is intended throughout and within the provisions of <br /> this Ordinance. If any section, subsection, sentence, clause, phrase or portion of this <br /> Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, <br /> then that decision shall not affect the validity of the remaining portions of this Ordinance. <br /> SECTION 11: All ordinances, agreements or parts of ordinances in conflict with <br /> this Ordinance are hereby repealed. <br /> EMERGENCY CLAUSE: It is hereby found by the City Council that there is an <br /> urgent need to retain revenues for the City, which this Ordinance, if passed with an <br /> emergency clause would do, therefore, an emergency is declared to exist, and this <br /> ordinance being necessary for the preservation and advancement of public peace, health, <br /> finances and safety, shall be in full force and effect from and after the date of its <br /> approval. <br />
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