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Attachment to any Utility Pole or other above-ground structure shall be pursuant to a valid <br /> and effective pole attachment agreement or similar instrument. Location on any Utility <br /> Pole or other above-ground structure shall not be considered a vested interest of the <br /> Communications Services Provider or Wireless Infrastructure Provider and such Utility <br /> Poles or structures, if owned by the Communications Services Provider or Wireless <br /> Infrastructure Provider, shall be removed or modified by the Communications Services <br /> Provider or Wireless Infrastructure Provider at its own expense whenever the City or other <br /> governmental authority determines that the public convenience would be enhanced <br /> thereby. The Communications Services Provider or Wireless Infrastructure Provider shall, <br /> at such time as the electric utility facilities or other Communications Facilities are placed <br /> underground or are required by the City to be placed underground, concurrently place its <br /> Communications Facilities underground without cost to the City. <br /> (6) New Utility Poles or Above-Ground Structures. The placing of any new Utility Pole or <br /> other above-ground structure to support Communications Facilities is subject to the <br /> approval of the City and shall be done under the supervision of the Public Works Director <br /> or his/her designee. No such Utility Pole or other above-ground structure shall be placed <br /> in any gutter or drainage area and shall be behind the curb to avoid damage to any sidewalk. <br /> In areas of the City where either electric utility wires or other Communications Facilities <br /> are above ground and such facilities are moved, either voluntarily or at the direction of the <br /> City, to a new Utility Pole or other above-ground structure, the Communications Services <br /> Provider or Wireless Infrastructure Provider shall likewise move all of its above-ground <br /> Facilities on such Utility Poles or structures to such new Utility Pole or structure within 30 <br /> days after receipt of written notice from either the City or the owner of the new Utility Pole <br /> or structure,without cost to the City. New Utility Poles installed by Wireless Infrastructure <br /> Providers shall also be subject to and may avail themselves of the requirements and process <br /> set forth in Section 7.12.08 hereof. <br /> (7) Placement and Maintenance Standards. The placement or maintenance of <br /> Communications Facilities in the Public Rights-of-Way shall be performed in accordance <br /> with standards and requirements of the following, as is applicable and as each is in force <br /> at the time of the respective placement or maintenance of a Communications System or <br /> Facility: <br /> a. the Florida Depaitment of Transportation Utilities Accommodation Guide; <br /> b. the State of Florida Manual of Uniform Minimum Standards for Design Construction <br /> and Maintenance for Streets and Highways; <br /> c. the Trench Safety Act(Chapter 553, Florida Statutes); <br /> d. the Underground Facility Damage Prevention and Safety Act (Chapter 556, Florida <br /> Statutes); <br /> e. the National Electrical Code or the ANSI National Electrical Safety Code; and <br /> f. the "Safety Rules for the Installation and Maintenance of Electrical Supply and <br /> Communication Lines" established by the Department of Commerce, Bureau of <br /> Standards of the United States. <br /> (8) Sunshine State One-Call. Every Communications Services Provider shall utilize, and if <br /> permissible, maintain membership in the utility notification one call system administered <br /> by Sunshine State One-Call of Florida, Inc. <br /> (9) Safety and Minimal Interference. All placement and maintenance of Communication <br /> Facilities in the Public Rights-of-Way shall be subject to the City Code and other <br /> regulations of the City pertaining thereto, and shall be performed with the least possible <br /> interference with the use and appearance of the Public Rights-of-Way and the rights and <br /> reasonable convenience of the property owners who abut or adjoin the Public Rights-of- <br /> Way and in compliance with the rules and regulations of the Florida Department of <br /> Transportation. The Communications Services Provider shall at all times employ <br /> reasonable care and use commonly accepted methods and devices for preventing failures <br /> Page 12 of 31 <br />