TIC 2017-09-12 Item 2E - Ordinance - Telecommunications Facilities Franchise with Sprint Communications Company

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Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers, Sprint shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right-of-way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits, Section 16. Future Rules, Regulations and Specifications. Sprint acknowledges that the City may develop rules, regulations and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to Sprint, shall thereafter govern Sprint's activities hereunder; provided, however, that in no event shall regulations: 1, materially interfere with or adversely affect Sprint's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to Sprint and other similar user of such facilities. Section 17. Repealer. Ordinance Nos. 2102 and 1439 are hereby repealed. Section 18. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations, or ordinance numbering and section/subsection numbering. Section 19. Force Majeure. Sprint will not be held in violation under, or in noncompliance with, the provisions of this Franchise, nor suffer any enforcement relating thereto, where such noncompliance or alleged violation occurred or was caused by circumstances reasonably beyond the ability of Sprint to control. This includes war or riots, civil disturbances, floods or other natural catastrophes, labor stoppages or slowdowns not attributable to Sprint's employees, or power outages exceeding back-up power supplies, and work delays caused by waiting for utility providers to service or monitor their utility poles to which Sprint's Cable System is attached as well as verifiable unavailability of materials and/or qualified labor to perform the work necessary. Sprint shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise or to procure a substitute for such obligation that is satisfactory to the City. If Sprint believes that a reason beyond its control has prevented or delayed its compliance with the provisions of this Franchise, Sprint shall provide documentation as reasonably required by the City to substantiate Sprint's claim. If Sprint has not yet cured the deficiency, Sprint shall also provide the City with its proposed plan for remediation, including the timing for such cure. W Word Processing\Ordinances\Sprint Franchise Agreement 8-11-17 BG:bjs Page 11 of 12 206