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TIC 2018-06-25 COMPLETE AGENDA PACKET
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2018-06-25 Transportation and Infrastructure
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TIC 2018-06-25 COMPLETE AGENDA PACKET
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1/14/2021 12:30:01 PM
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6/21/2018 12:43:53 PM
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Council Committees
Committees Date (mm/dd/yy)
06/25/18
Committee Name
Transportation and Infrastructure 2017-2020
Record Type
Agenda Packet
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TIC 2018-05-29 Item 4B - Discussion - Handout Distributed at Meeting - Crosswalks and Stop Signs Guidelines
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imminent risk to public health or safety, cause the repairs to be made and recover the <br />actual, and documented cost of those repairs from the Franchisee. Within thirty (30) days <br />of receipt of an itemized list of those costs, including the costs of labor, materials and <br />equipment, the Franchisee shall pay the City. <br />I. Restoration of Private Property. When Franchisee does any Work in the <br />Public Rights of Way that affects, disturbs, alters, or damages any adjacent private <br />property, it shall, at its own expense, be responsible for restoring such private property to <br />the reasonable satisfaction of the private property owner. <br />J. Stop Work. On notice from the City that any Work does not comply with the <br />Franchise, the approved Design Documents for the Work, the Standards, or other <br />applicable Law, or is being performed in an unsafe or dangerous manner as determined <br />by the City, the non-compliant Work may immediately be stopped by the City. The stop <br />work order shall be in writing, given to the Person doing the Work and be posted on the <br />Work site, indicate the nature of the alleged violation or unsafe condition and establish <br />conditions under which Work may be resumed. If so ordered, Franchisee shall cease <br />and shall cause its contractors and subcontractors to cease such activity until the City is <br />satisfied that Franchisee is in compliance. If an unsafe condition is found to exist, the <br />City, in addition to taking any other action permitted under applicable Law, may order <br />Franchisee to make the necessary repairs and alterations specified therein forthwith to <br />correct the unsafe condition by a time the City establishes in its discretion. The City has <br />the right to inspect, repair, and correct the unsafe condition if Franchisee fails to do so, <br />and to reasonably charge Franchisee for the actual and documented costs incurred to <br />perform such inspection, repair, or correction. Payment by Franchisee will be made within <br />thirty (30) days following receipt of written notice including itemized invoice and <br />supporting documentation evidencing such cost. The authority and remedy set forth <br />herein this section is in addition to, and not a substitute for, any authority the City may <br />otherwise have to take enforcement action for violation of City Codes or Standards. <br />K. Alteration. Except as may be shown in the Design Documents approved by the <br />City or the records drawings, or as may be necessary to respond to an Emergency, <br />Franchisee and Franchisee's contractors and subcontractors may not make any material <br />alterations to the Franchise Area without the City's prior written consent, which consent <br />shall not be unreasonably withheld. The parties acknowledge that nothing in this <br />Agreement limits the City's rights under applicable federal, state, and local laws to <br />regulate the placement and appearance of Franchisee's Facilities in the Franchise Area. <br />Material alteration shall include, but not be limited to: a change in the dimension, height, <br />location, or placement of the Facilities. If Franchisee desires to change either the location <br />of any Facilities or otherwise materially deviates from the approved design of any of the <br />Facilities, Franchisee shall submit such change to the City in writing for its approval. <br />Franchisee shall have no right to commence any such alteration until after Franchisee <br />has received the City's approval of such change in writing. Under no circumstance shall <br />Franchisee permanently affix anything in the Franchise Area that inconveniences the <br />public use of the right of way or adversely affects the public health, safety, or welfare. <br />L. Underground Installation Required. All telecommunications cables and <br />junction boxes or other vaulted system components shall be installed underground <br />24 <br />
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