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2017/03/29 Council Agenda Packet
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2017/03/29 Council Agenda Packet
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Council Agenda Packet
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3/29/2017
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3 <br /> designated by warning lights. The provisions of this Section 8.8 shall survive the expiration, <br /> revocation, or termination of this Franchise. <br /> 8.9. Undergr�.und Construction and Use •f Poles <br /> A. When required.by the City, consistent with general ordinances,resolutions,regulations,rules or <br /> policies of the City, or applicable State or federal law, Grantee's Telecommunications System shall <br /> be placed underground at Grantee's expense. Placing Facilities underground does not preclude the <br /> use of ground-mounted appurtenances,small cells, or associated facilities. <br /> B. Where electric and telephone lines are installed underground at the time of Telecommunications <br /> System construction, or when all such wiring is subsequently placed underground, all <br /> Telecommunications System lines shall also be placed underground with other wireline service at <br /> no expense to the City or Subscribers unless funding is generally available for such relocation to all <br /> users of the Rights-of-Way. Related Telecommunications System equipment, such as pedestals or <br /> small cells and associated facilities must be placed in accordance with the City's applicable code <br /> requirements and rules. In areas where either electric or telephone utility wiring is aerial, the <br /> Grantee may install aerial cable, except when a property owner or resident requests underground <br /> installation and agrees to bear the additional cost in excess of aerial installation. <br /> C. The Grantee shall utilize existing poles and conduit wherever possible. <br /> D. In the event Grantee cannot obtain the necessary poles and related Facilities pursuant to a pole <br /> attachment agreement, and only in such event,then it shall be lawful for Grantee to make all needed <br /> excavations in the Rights-of-Way for the purpose of placing, erecting, laying, maintaining, <br /> repairing, and removing poles, supports for wires and conductors, and any other Facility needed for <br /> the maintenance or extension of Grantee's Telecommunications System. All poles of Grantee shall <br /> be located as designated by the proper City authorities and only upon written consent of the City. <br /> Grantee shall apply for and obtain appropriate permits prior to construction or installation of poles <br /> or Facilities. <br /> E. At its sole option, the City may require Grantee to install conduit and other underground <br /> Facilities in the same trench or location as another permittee when such other permittee is <br /> constructing or installing similar facilities at approximately the same time as Grantee. In such case, <br /> Grantee shall reimburse the other permittee for its proportional share of the cost of construction and <br /> installation. Similarly, the City may require other franchisees or permittees to install conduit and <br /> other underground Facilities in the same trench or location as Grantee when such Grantee is <br /> constructing or installing similar facilities at approximately the same time as another permittee or <br /> franchisee. In such case, the other permittee or franchisee shall reimburse Grantee for the other <br /> permittee's or franchisee's proportional share of the cost of construction and installation. <br /> F. This Franchise does not grant, give or convey to the Grantee the right or privilege to install its <br /> Facilities in any manner on specific utility poles or equipment of the City or any other Person. <br /> Copies of agreements for the use of poles, conduits or other utility Facilities must be provided upon <br /> the City's request. <br />
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