Ordinance 2613-02 - Laserfiche WebLink

(C) The value of the additional duct or conduit requested by the City shall not be considered a public works construction contract. (D) This section shall not affect the possible provision of an I-Net by the Grantee as provided elsewhere in this Franchise or under federal law. 12.2 Incremental and Fully Allocated Costs On or before Grantee's applying for a permit for any construction, relocation or placement of ducts, conduits or related structures in Rights-of-Way, Grantee shall notify the City of the Incremental Costs and Fully Allocated Costs of providing the City with ducts, conduits and related structures necessary to access the conduit or duct and of the date such construction, relocation or placement will begin. At its sole option, the City may examine, inspect or audit Grantee's books and records to confirm Grantee's calculation of Incremental and Fully Allocated Costs. If Grantee and the City disagree regarding the appropriateness of the proposed Incremental and Fully Allocated Costs, the parties agree to negotiate. If the parties cannot reach agreement, the City may order Grantee to proceed with the work, and a court shall determine the actual amount of Incremental and Fully Allocated Costs. 12.3 Notification At the City's sole option, the City may require Grantee to furnish such additional duct or conduit and the related structures necessary to access the conduit or duct for the Incremental Costs by so notifying Grantee no later than sixty(60) days after the information referred to in subsection 12.2 Incremental and Fully Allocated Costs is provided by Grantee. 12.4 Standards If the City requires Grantee to furnish additional duct, conduit or related structures pursuant to this section, the Grantee shall construct the facilities to the same standards as Grantee's own new facilities, and shall turn such additional duct, conduit or related structures over to the City upon completion of same and satisfactory inspection thereof by the City. The Grantee shall be responsible for any required filings with State agencies or commissions. SECTION 13. CABLE SYSTEM CONFIGURATION, TECHNICAL STANDARDS AND TESTING 13.1 Subscriber Network (A) Grantee shall upgrade and activate the Cable System bandwidth to a minimum of 750 MHz and provide two-way capability throughout the Franchise Area, no later than thirty-six (36) months from the Effective Date of this Franchise. The Grantee intends to deploy fiber optics to nodes that serve no more than twelve hundred (1,200) homes passed as part of the upgrade. Grantee may provide for phased activation launches of applicable portions of the Cable System as nodes are completed. Grantee may substitute another transmission material and/or modify its Page 42 of 58