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f: <br />Grantee, and its successors and assigns, agree that <br />after July 21, 1998, all new cable television equipment <br />construction shall be done underground, regardless of <br />whether other utilities currently exist overhead in <br />that particular area. In addition, Grantee, and its <br />successors and assigns, agree that after July 21, 1998, <br />existing overhead cable television equipment shall be <br />relocated underground in any area where other utilities <br />are located underground or other utilities are being <br />relocated underground. The fiber optic cable used to <br />enhance the System by attaching the fiber optic cable <br />to the existing coaxial cable bundle existing as of <br />July 21, 1998, shall not be new cable television <br />equipment, as referenced above. <br />Section 3. <br />Section 10, entitled "Sale, Abandonment, Transfer and <br />Revocation of Franchise," Paragraph 3, entitled "Abandonment of <br />Service. ", is hereby amended to read as follows: <br />Section 10. Sale, Abandonment, Transfer and Revocation of <br />Franchise. <br />3. ••andonment of Servic- Grantee may not abandon the <br />System or any portion thereof without having first <br />given three (3) months written notice to City. Grantee <br />may not abandon the System or any portion thereof <br />without compensating City for damages resulting from <br />the abandonment, including all costs incident to <br />removal of the System or any portion thereof. The <br />System or any portion thereof shall be deemed abandoned <br />as of the date the System or any portion thereof is no <br />longer being used for electronic transmission. The use <br />of an existing coaxial cable bundle to suspend other <br />cable equipment shall not be considered being used for <br />electronic transmission. <br />Section 4. <br />This Ordinance shall take effect and be in force from and <br />after its passage and publication. <br />Page 4 <br />