Laserfiche WebLink
effective date of this ordinance shall void and nullify any and all rights granted under this <br /> Franchise Agreement. <br /> Section 5. Construction Provisions and Standards. The following provisions <br /> shall be considered mandatory and failure to abide by any conditions described herein <br /> shall be deemed as non-compliance with the terms of this Franchise Agreement and <br /> may result in some or all of the penalties specified in Section 6. <br /> 1. Permit Required. No construction, maintenance or repairs (except for <br /> emergency repairs) shall be undertaken in the Franchise Area without first obtaining <br /> appropriate permits from the City of Tukwila, Department of Public Works. In case of an <br /> emergency, MClmetro shall, within 24 hours of the emergency, obtain a permit from the <br /> City of Tukwila's Public Works Department. <br /> 2. Coordination. All capital construction projects performed by MClmetro <br /> within the Franchise Area shall be inspected by a City inspector. All work and <br /> inspection shall be coordinated with the Engineering Division of the Public Works <br /> Department to ensure consistency with City infrastructure, future Capital Improvement <br /> Projects, all developer improvements, and pertinent codes and ordinances. <br /> 3. Construction Standards. Any construction, installation, maintenance and <br /> restoration activities performed by or for MClmetro within the Franchise Area shall be <br /> constructed and located so as to produce the least amount of interference with the free <br /> passage of pedestrian and vehicular traffic. All construction, installation, maintenance <br /> and restoration activities shall be conducted such that they conform to City's <br /> development guidelines and standards and comply with Title 11 of the Tukwila <br /> Municipal Code. <br /> 4. Underground Installation Required. All telecommunications cables and <br /> junction boxes or other vaulted system components shall be installed underground <br /> unless otherwise exempted from this requirement, in writing, by the Public Works <br /> Director consistent with the requirements of TMC § 11.32.090(B). <br /> 5. Relocation. <br /> a. The City shall have the right to require MClmetro to alter, adjust, <br /> relocate, or protect in place its facilities within the public right-of-way when reasonably <br /> necessary for construction, alteration, repair, or improvement of any portion of the public <br /> rights-of-way for purposes of public welfare, health, or safety ("Public Improvements"). <br /> Such Public Improvements include, by way of example but not limitation, public rights- <br /> of-way construction; public rights-of-way repair (including resurfacing or widening); <br /> change of public rights-of-way grade; construction, installation or repair of sewers, <br /> drains, water pipes, power lines, signal lines, communication lines, or any other type of <br /> government-owned communications, utility or public transportation systems, public <br /> work, public facility, or improvement of any government-owned utility; public rights-of- <br /> way vacation, and the construction of any public improvement or structure by any <br /> governmental agency acting in a governmental capacity. In the event the City requires <br /> MClmetro to relocate its facilities, the City shall provide MClmetro with written notice <br /> requesting such relocation, along with plans for the public improvement that are <br /> 34 <br />