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Ordinance 3511-16
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Ordinance 3511-16
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Ordinances
Ordinance Number
3511-16
Date
9/28/2016
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installation of sewers, drains, gas or water pip ', or any other types of structures or improvements <br /> by the City for public purposes). Such work s all be performed at the Grantee's expense. Except <br /> during an emergency, the City shall provide re tsonable notice to Grantee, not to be less than five <br /> (5) business days, and allow Grantee the oppo,tunity to perform such action. In the event of any <br /> capital improvement project exceeding $500,000 in expenditures by the City that requires the <br /> removal, replacement, modification or disconn:ction of Grantee's Facilities or equipment, the City <br /> shall provide at least sixty (60) days' written notice to Grantee. Following notice by the City, <br /> Grantee shall relocate, remove, replace, modi' or disconnect any of its Facilities or equipment <br /> within any Right-of-Way, or on any other promerty of the City. If the City requires Grantee to <br /> relocate its Facilities located within the Rights of-Way, the City shall make a reasonable effort to <br /> provide Grantee with an alternate location wit in the Rights-of-Way. If funds are generally made <br /> available to users of the Rights-of-Way for suci relocation, Grantee shall be entitled to its pro rata <br /> share of such funds. The provisions of this ection shall survive the expiration, revocation, or <br /> termination of this Franchise; provided that relocation shall not be required after the expiration of <br /> this Franchise if the City consents to the Granter abandoning its facilities in place. <br /> B. If the Grantee fails to complete this work within the time prescribed and to the City's <br /> satisfaction. the City may cause such work to b . done and bill the cost of the work to the Grantee, <br /> including all reasonable costs and expenses in•urred by the City due to Grantee's delay. In such <br /> event, the City shall not be liable for any dama;;e to any portion of Grantee's Telecommunications <br /> System. Within thirty (30) days of receipt of. itemized list of those costs, the Grantee shall pay <br /> the City. i <br /> 9.2.Relocation of Telecommunication Facilities for Others <br /> If any removal, replacement, modification or d sconnection of the Telecommunications System is <br /> required to accommodate the construction, op,ration or repair of the Facilities or equipment of <br /> another City franchise holder, Grantee shall, a`er at least thirty (30) days' advance written notice, <br /> take action to effect the necessary changes requ:sted by the responsible entity. Grantee may require <br /> that the benefited party pay the costs associat: with the removal or relocation. Nothing in the <br /> provision shall be construed to give preference •r priority to one franchise holder over another with <br /> respect to placement or location of facilities. <br /> 9.3.Temporary Changes for Other P=rmitees <br /> At the request of any Person holding a valid p:rmit and upon reasonable advance notice, Grantee <br /> shall temporarily raise, lower or remove its wir:s as necessary to permit the moving of a building, <br /> vehicle, equipment or other item. The permi holder must pay the expense of such temporary <br /> changes, and Grantee may require a reasonable •eposit of the estimated payment in advance. <br /> 10. ADDITIONAL FACILITIES <br /> 10.1. Grantee to Provide Additio al Facilities <br /> Pursuant to RCW 35.99.070, the City may require Grantee, on thirty days' notice, to provide <br /> additional ducts, conduits, and related structure • necessary to access the conduit when and where <br /> 23 of 31 <br />
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