Ordinance 3625-18 - Laserfiche WebLink

date mutually agreed upon by City and Grantee. The designs and locations for the Facilities must be approved by the Public Works Director or designee in coordination with the Planning Director or designee, which approval shall be at his/her reasonable discretion after considering current laws, regulations, and City policies, including without limitation, applicable planning director interpretations for the implementation of Small Cells and the City's Design and Construction Standards and Specifications for Development manual. Grantee may not commence any construction unless and until the locations and design of the Facilities are approved by the Public Works Director or designee. Approval will be granted with the issuance of a construction permit. After such approval, Grantee may only install the Facilities in the manner (design) and at the locations approved by the Public Works Director or designee and within the scope of the approved construction permit. Grantee must follow City requirements for placement of Facilities in Rights-of-Way, including the specific location of Facilities in the Rights-of-Way,and must in any event install Facilities in a manner that minimizes interference with the use of the Rights-of-Way by others,including others that may be installing communications facilities. The City may require that Facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Right-of- Way;may deny access if Grantee is not willing to comply with City's requirements;and may remove, or require removal of,any Facility that is not installed in compliance with the requirements established by the City, or which is installed without prior City approval of the time, place or manner of installation,and charge Grantee for all the costs associated with removal; and may require Grantee to cooperate with others to minimize adverse impacts on the Rights-of-Way through joint trenching and other arrangements. With regard to its management of the Rights-of-Way, the City shall treat the Grantee and other users of the Rights-of-Way in a competitively neutral and nondiscriminatory manner in accordance with applicable law. B. The granting of this Franchise is not a substitute for any other City required approvals to construct Franchisee's Facilities in the Rights-of-Way. The parties agree that such City approvals (except Right-of-Way use permits as described in Section 8.3) are not considered use permits, as that term is defined in RCW 35.99.010. Therefore, with the exception of permits described in Section 8.3, City approvals are not subject to the thirty(30)day issuance requirement described in RCW 35.99.030. 3.3. Effective Date and Term of Franchise A. This Franchise and the rights, privileges and authority granted hereunder shall take effect thirty days after adoption by City Council(the"Effective Date"),and shall terminate 10 years later on the 10th anniversary of the Effective Date, unless terminated sooner or renewed as hereinafter provided. B. At any time not more than two (2) years nor less than one hundred eighty(180) days before the expiration of the current Franchise term, Grantee may make a written request and City may consider,in accordance with then-applicable laws,including without limitation,Title 13 of the Everett Charter,renewing this Franchise for two(2)additional five(5)year renewal periods 3.4. Franchise Nonexclusive Seattle SMSA Limited Partnership (Verizon Wireless) Small Cell Franchise 9 of 33