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Ordinance 3610-18
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Ordinance 3610-18
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Ordinances
Ordinance Number
3610-18
Date
7/25/2018
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shall provide at least sixty (60) days' written notice to Grantee. Following notice by the City, <br /> Grantee shall relocate, remove, replace, modify or disconnect any of its Facilities or equipment <br /> within any Right-of-Way, or on any other property 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 within the Rights-of-Way. If funds are generally made <br /> available to users of the Rights-of-Way for such relocation, Grantee shall be entitled to its pro rata <br /> share of such funds. The provisions of this Section 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 Grantee 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 be done and bill the cost of the work to the Grantee, <br /> including all costs and expenses incurred by the City due to Grantee's delay. In such event,the City <br /> shall not be liable for any damage to any portion of Grantee's Telecommunications System. Within <br /> thirty(30)days of receipt of an itemized list of those costs,the Grantee shall pay the City. <br /> 9.2.Relocation of Telecommunication Facilities for Others <br /> If any removal, replacement, modification or disconnection of the Telecommunications System is <br /> required to accommodate the construction, operation or repair of the facilities or equipment of <br /> another City franchise holder, Grantee shall, after at least thirty (30) days' advance written notice, <br /> take action to effect the necessary changes requested by the responsible entity. Grantee may require <br /> that the benefited party pay the costs associated with the removal or relocation. <br /> 9.3.Temporary Changes for Other Permitees <br /> At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee <br /> shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, <br /> vehicle, equipment or other item. The permit holder must pay the expense of such temporary <br /> changes,and Grantee may require a reasonable deposit of the estimated payment in advance. <br /> 10. ADDITIONAL FACILITIES <br /> 10.1. Grantee to Provide Additional Facilities <br /> The Grantee shall construct and install additional ducts, conduits, and related structures <br /> necessary to access the conduit when and where requested by the City in accordance with this <br /> Section 10. The City shall only be charged for or responsible for the Incremental Costs, except <br /> as provided for in Section 10.4. <br /> 10.2. Notice of Incremental and Fully Allocated Costs <br /> At least one hundred twenty (120) days prior to any construction, relocation, or placement of ducts, <br /> conduits or related structures in public Rights-of-Way, Grantee shall notify the City of the <br /> Incremental and Fully Allocated Costs of the Grantee of providing the City with additional duct, <br /> conduit and related structures necessary to access the conduit and of the date such construction, <br /> New Cingular Wireless PCS,LLC <br /> Small Cell Franchise 25 of 33 <br />
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