|
public streets, at a fair and just value, which shall not include any valuation of the Franchise itself
<br /> unless required by law,which shall thereupon terminate.
<br /> C. This Franchise shall not be interpreted to prevent the City from imposing additional lawful
<br /> conditions, including additional compensation conditions for use of the Rights-of-Way, should
<br /> Grantee provide service other than Telecommunications Service.
<br /> D. No rights shall pass to Grantee by implication. Without limiting the foregoing,by way of example
<br /> and not limitation,this Franchise shall not include or be a substitute for:
<br /> (1) Any other permit or authorization required for the privilege of transacting and carrying on a
<br /> business within the City that may be required by the ordinances and laws of the City;
<br /> (2) Any permit, agreement, or authorization required by the City for Right-of-Way users in
<br /> connection with operations on or in Rights-of-Way or public property including, by way of
<br /> example and not limitation, street cut permits (such permit, agreement, or authorization shall
<br /> not be considered a use permit as defined by EMC 13.84.010.I); or
<br /> (3) Any permits or agreements for occupying any other property of the City or private entities to
<br /> which access is not specifically granted by this Franchise including, without limitation,
<br /> permits and agreements for placing devices on poles,in conduits or in or on other structures.
<br /> E. This Franchise is intended to convey limited rights and interests only as to those Rights-of-Way
<br /> in which the City has an actual interest. It is not a warranty of title or interest in any Right-of-Way;
<br /> it does not provide the Grantee with any interest in any particular location within the Right-of-Way;
<br /> and it does not confer rights other than as expressly provided in the grant hereof.
<br /> F. This Franchise does not authorize Grantee to provide Cable or Open Video System services. This
<br /> Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to Cable or Open
<br /> Video System services,whether similar,different or the same as the conditions specified herein. This
<br /> Franchise does not relieve Grantee of any obligation it may have to obtain from the City separate
<br /> authorization to provide Cable or Open Video System services,or relieve Grantee of its obligation to
<br /> comply with any such authorizations that may be lawfully required.
<br /> G. Grantee may not, in a manner that relinquishes Grantee's day-to-day control over the
<br /> maintenance and operation of the Facilities, lease, rent, transfer, convey, or sell Facilities within
<br /> the Rights-of-Way in whole or in part unless the Person to whom such Facilities will be transferred
<br /> has first been granted a franchise by the City.
<br /> 3.2. Use of Rights-of-Way
<br /> A. Subject to the City's supervision and control, Grantee may erect, install, construct, repair,
<br /> replace,reconstruct,operate,maintain,upgrade,remove,excavate,dig,restore,and retain in,on,over,
<br /> under, upon,across, above,below,through, and along the Rights-of-Way within the Franchise Area
<br /> Facilities for the operation of Telecommunication Services within the City. Prior to applying for any
<br /> necessary permits or approvals, Grantee shall submit Facility designs and the proposed locations for
<br /> such designs to the Public Works Director or designee for review in a pre-application meeting on a
<br /> Seattle SMSA Limited Partnership
<br /> (Verizon Wireless)
<br /> Small Cell Franchise 8 of 33
<br />
|