2021/01/27 Council Agenda Packet

or removal thereof, and shall not obstruct or impede traffic unless specifically authorized to do so. In the event of such interference that Grantee cannot resolve within thirty (30) days after notice thereof, or shorter time period as the City, in its sole discretion, determines necessary, the City may require the removal, relocation, adjustment, securement, or relocation of Grantee's lines, cables, equipment and other appurtenances from the property in question at Grantee's expense 8.8. Prevent Injury/Safety Grantee shall provide and use any equipment and Facilities necessary to control and carry Grantee's signals so as to prevent injury to the City's property or property belonging to any Person Grantee, at its own expense, shall repair, renew, change and improve its Facilities to keep them in good repair, and safe and presentable condition. All excavations made by Grantee in the Rights -of -Way shall be properly safeguarded for the prevention of accidents by the placement of adequate barriers, fences or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly designated by warning fights. The provisions of this Section 8 8 shall survive the expiration, revocation, or termination of this Franchise. 8.9. Underground Construction and Use of Poles A. When required by the City, and consistent with general ordinances, resolutions, regulations rules or policies of the City, or applicable State or federal law, including RCW 35.99.060 related to relocation costs, City may require new installations of Grantee s Telecommunications System be placed underground at Grantee s expense unless such expense is not Grantee's pursuant to applicable law. Placing Facilities underground does not preclude the use of ground -mounted appurtenances, or associated facilities that must remain above -ground to function properly. Facilities that may be altered to function properly below ground are not Facilities that may remain above -ground. B. Where electric and telephone lines are installed underground at the time of Telecommunications System construction, or when all such wiring is subsequently placed underground, all Facilities shall also be placed underground at no expense to the City or Subscribers unless funding is generally available for such relocation to all users of the Rights -of -Way or as otherwise required by law, including RCW 35.99.060. Facilities that must remain above -ground to function properly, must be placed in accordance with the City's applicable code requirements and rules. In areas where either electric or telephone utility wiring is aerial, the Grantee may install aerial cable, provided, however, that where a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation, the Grantee shall use reasonable efforts to consider such a request. C. The Grantee shall utilize existing poles and conduit wherever possible. Grantee may only request the placement of new or replacement poles in the Rights -of -Way as authorized by the EMC. D. If the City authorizes the Grantee to erect a new pole in the Right -of -Way, Grantee shall allow other users of the Rights -of -Way to co -locate on its pole to the extent Grantee has a pole attachment agreement with potential colocator and such co -location is technically feasible, even if co -location is only technically feasible after replacement of the pole paid for by said third party user. Right -of -Way users may include, without limitation, other telecommunication providers, including personal wireless service providers, light and power businesses as defined by RCW 82.16.010, or other service {DPK2242501.DOCX;4/13113.000007/ } Wireline Franchise 19 of 30