TIC 2018-06-25 Item 2B - Ordinance - AT&T / New Cingular Wireless Small Cell Technology Franchise Agreement

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O. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Franchisee shall, upon the request of the City, furnish one bond executed by Franchisee for all of Facilities in the City's rights-of-way, in the amount of Twenty Five Thousand Dollars and no/100 [$25,000.00]. At Franchisee's sole option, Franchisee may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that Franchisee shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective Franchisee work or materials discovered in the City's roads, streets, or property. P. "One -Call" Location and Liability. Franchisee shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to Franchisee's system components or for interruptions in service to Franchisee customers which are a direct result of work performed for any City project for which Franchisee has failed to properly locate its lines and Facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the Franchisee system components or for interruptions in service to Franchisee customers resulting from work performed under a permit issued by the City. Q. As -Built Plans Required. Franchisee shall maintain accurate engineering plans and details of all installations within the City limits and shall provide, at no cost to the City, such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permits issued by the City and any work undertaken by Franchisee pursuant to this Franchise Agreement. The City shall reasonably determine the acceptability of any as -built submittals provided under this section. R. Recovery of Costs. Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Franchisee shall pay such costs and expenses directly to the City. S. Taxes. Nothing contained in this Franchise Agreement shall exempt Franchisee's obligation to pay any applicable utility tax, business tax, or ad valorem property tax, now or hereafter levied against real or personal property within the City, or against any local improvement assessment imposed on Franchisee. Any fees, charges, and/or fines provided for in the City Municipal Code or any other City ordinance, are separate from, and additional to, any and all federal, state, local, and City taxes as may be levied, imposed, or due from Franchisee. T. Vacation. If, at any time, the City shall vacate any City road, right-of-way, or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in 27