Pavement Excavation and The tfranchisee shall provide commercially reasonable notice of any non-emergency removal or revision of any pavement and any excavation and grading reasonably necessary within any Public Property in the tfranchise area and the plans and specifications for such new tfacilities to the City. The tfranchisee shall abide by the City's permitting process and receive necessary approval thereof by the Mayor or the designee thereof, which approval shall not be withheld unless the proposed pavement removal, excavation, or grading is contrary to the public health, safety, welfare, and convenience. In the event that any RECEIVED request for pavement removal or revision, excavation, or grading is denied by theTAMRaIFyFoBrRANCH or his designee, such denial shall be set forth in writing with the basis of the denial set forth therein within thirty (30) days of the tfranchisee's notice. If a written denial or approval is not received within thirty (30) days of tfranchisee's notice, the removal or 11/4/2014 4 PUBLIC SERVICE COMMISSION OF KENTUCKY revision of any pavement and any excavation and grading shall be deemed approved. The City acknowledges that the tfranchisee has a statutory duty to provide adequate, efficient, and reasonable service and that the tfranchisee shall not be prevented from fulfilling that statutory obligation due to any delay by the Mayor or the designee thereof in giving, or failing to give, any approval described herein. The tfranchisee shall not be required to pay any fee to apply for, or obtain, any permit required by this Section.
