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Grantee and the City may agree are competitive, <br />If the Grantee and the City are unable to agree <br />whether other services have became competitive since the <br />effective date of this Ordinance, the matter shall be <br />submitted to binding arbitration provided that the City <br />and the Grantee both agree on the procedures for such <br />arbitration . In the event of st~ch ~ an a rhi t rat ~ nn _ ~~,o <br />losing party shall pay the reasonable attorney fees of <br />the prevailing party. <br />Public wa Any street ~ road , alley, right-of-way, <br />pedestrian ar bicycle easement or utility easement for public <br />use that is controlled by the City. <br />Section ~. Subject to the rovisions and restrictions of <br />P <br />this Qrdinance and the Eu ene Cade 1971 .the Cit rants tat <br />9 , , y g he <br />.. <br />Grantee. its successors and assi ns the nonexclusive rivile e } <br />g , p g to ;. <br />engage in a general communications business using the public wa <br />Y <br />E' <br />E• <br />to construct and maintain communications facilities within the <br />3 <br />I <br />corporate limits of the City. Such communications facilities ma <br />Y ~ <br />be strung upon poles or other fixtures above round , or at the ' ~~ <br />g <br />option of the Grantee, may be laid under round and such othe <br />g r E <br />apparatus may be used as may be necessary or proper to operate and <br />maintain the same . <br />Section 3. Subject to the City Manager's authorit to <br />Y <br />prescribe which public ways will be used and the location within <br />the public way, it shall be lawful for the Grantee to make all <br />necessary excavations in any public wa for the ,purpose of <br />Y <br />constructing and maintaining communications facilities. The <br />Ordinance - 2 <br />