20120529

Request for a Variance from the Law Firm of Brock Clay concerning underground utilities The request for an underground utility variances from city code sections 5-4-040 and 5-4-160 to allow an aerial communications cable on private property and city right of way from 49 Atlanta Street to 61 Atlanta Street, filed by Brock, Clay, Calhoun & Rogers, LLC is hereby granted with the following conditions and stipulations: 1. Compliance in full with all terms and conditions set forth in Marietta City Code Section 5-4-040. 2. Compliance in full with all terms and conditions set forth in Marietta City Code Section 5-4-160. 3. Compliance in full with all other Marietta City Codes applicable to this application. 4. The removal of any and all telecommunications cables, facilities or equipment upon the earlier of ninety (90) day notice from the City of Marietta to remove same or the City of Marietta relocating adjoining facilities underground. 5. The applicant obtaining the proper approval and agreement from the Board of Lights and Water for attachment to any pole or facility owned by the Board of Lights and Water. 6. The obtaining of any and all necessary permits or licenses in order to operate within the right-of-way of the City of Marietta. 7. The applicant shall fully indemnify the City of Marietta and the Board of Lights and Water from any and all liability, damages, costs of any type related to this variance approval.

Motion Adopted Introduced May 24, 2012

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