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Ordinance 3625-18
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Ordinance 3625-18
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10/25/2018 9:20:39 AM
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Ordinances
Ordinance Number
3625-18
Date
10/17/2018
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other Facilities that may have been laid in the Rights-of-Way by, or under,the City's authority. The <br /> Grantee's Telecommunications System shall be located,erected and maintained so as not to endanger <br /> or interfere with the lives of Persons,or to interfere with new improvements the City may deem proper <br /> to make or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public <br /> property, and shall not interfere with the travel and use of public places by the public during the <br /> construction, repair, operation, replacement or removal thereof, and shall not obstruct or impede <br /> traffic. In the event of such interference that Grantee cannot resolve within thirty (30) days after <br /> notice thereof,or shorter time period as the City,in its sole discretion,determines necessary,the City <br /> may require the removal,relocation,adjustment,securement,or relocation of Grantee's lines,cables, <br /> equipment and other appurtenances from the property in question at Grantee's expense. <br /> 8.8. Prevent Injury/Safety <br /> Grantee shall provide and use any equipment and Facilities necessary to control and carry Grantee's <br /> signals so as to prevent injury to the City's property or property belonging to any Person. Grantee,at <br /> its own expense, shall repair, renew, change and improve its Facilities to keep them in good repair, <br /> and safe and presentable condition. All excavations made by Grantee in the Rights-of-Way shall be <br /> properly safeguarded for the prevention of accidents by the placement of adequate barriers,fences or <br /> boarding, the bounds of which, during periods of dusk and darkness, shall be clearly designated by <br /> warning lights. The provisions of this Section 8.8 shall survive the expiration, revocation, or <br /> termination of this Franchise. <br /> 8.9. Underground Construction and Use of 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 is not intended to <br /> preclude the use of small cell antennas,ground-mounted appurtenances,or Facilities that must remain <br /> above-ground to function properly. Facilities that may be reasonably altered to function properly <br /> below ground are not Facilities that may remain above-ground,unless such alteration would be create <br /> a hazard to people or property. <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 Facilities shall <br /> also be placed underground at no expense to the City or Subscribers unless funding is generally <br /> available for such relocation to all users of the Rights-of-Way. Facilities that must remain above- <br /> ground to function properly, 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 Grantee <br /> may install aerial cable, except when a property owner or resident requests underground installation <br /> and agrees to bear the additional cost in excess of aerial installation. <br /> C. The Grantee shall utilize existing poles and conduit wherever possible. Grantee may only request <br /> the placement of new or replacement poles in the Rights-of-Way as authorized by the EMC and as <br /> otherwise permitted pursuant to an agreement between the City and Grantee. <br /> D. If the City authorizes the Grantee to erect a new pole in the Right-of-Way, Grantee shall allow <br /> other users of the Rights-of-Way to co-locate on its pole to the extent such co-location is technically <br /> Seattle SMSA Limited Partnership <br /> (Verizon Wireless) <br /> Small Cell Franchise 20 of 33 <br />
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