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TIC 2018-06-25 Item 2C - Ordinance - Mobilitie LLC Small Cell Technology Franchise Agreement
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TIC 2018-06-25 Item 2C - Ordinance - Mobilitie LLC Small Cell Technology Franchise Agreement
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1/14/2021 12:30:02 PM
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Council Committees
Committees Date (mm/dd/yy)
06/25/18
Committee Name
Transportation and Infrastructure 2017-2020
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Agenda Packet
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and no/100 [$25,000.00]. At Franchisee's sole option, Franchisee may provide alternate <br />security in the form of an assignment of funds or a letter of credit, in the same amount as <br />the bond. All forms of security shall be in a form reasonably acceptable to the City. The <br />bond shall be conditioned so that Mobilitie shall observe all the covenants, terms, and <br />conditions and shall faithfully perform all of the obligations of this Franchise Agreement, <br />and repair or replace any defective Mobilitie work or materials discovered in the City's <br />roads, streets, or property. <br />P. "One-Call" Location and Liability. Mobilitie shall subscribe to and <br />maintain membership in the regional "One-Call" utility location service and shall promptly <br />locate all of its lines upon request. The City shall not be liable for any damages to <br />Mobilitie's system components or for interruptions in service to Mobilitie customers which <br />are a direct result of work performed for any City project for which Mobilitie has failed to <br />properly locate its lines and Facilities within the prescribed time limits and guidelines <br />established by One-Call. The City shall also not be liable for any damages to the Mobilitie <br />system components or for interruptions in service to Mobilitie customers resulting from <br />work performed under a permit issued by the City. <br />Q. As-Built Plans Required. Mobilitie shall maintain accurate engineering <br />plans and details of all installations within the City limits and shall provide, at no cost to <br />the City, such information in both paper form and electronic form using the most current <br />AutoCAD version prior to close-out of any permits issued by the City and any work <br />undertaken by Mobilitie pursuant to this Franchise Agreement. The City shall reasonably <br />determine the acceptability of any as-built submittals provided under this section. <br />R. Recovery of Costs. Mobilitie shall be subject to all permit fees associated <br />with activities undertaken through the authority granted in this Franchise Agreement or <br />under ordinances of the City in effect on the date the permits and authorizations are <br />issued for the affected Facilities. Where the City incurs reasonable costs and expenses <br />for review or inspection of activities undertaken through the authority granted in this <br />Franchise Agreement or any ordinances relating to the subject for which permit fees have <br />not been established, Mobilitie shall pay such reasonable costs and expenses directly to <br />the City. <br />S. Taxes. Nothing contained in this Franchise Agreement shall exempt <br />Franchisee's obligation to pay any applicable utility tax, business tax, or ad valorem <br />property tax, now or hereafter levied against real or personal property within the City, or <br />against any local improvement assessment imposed on Franchisee. Any fees, charges, <br />and/or fines provided for in the City Municipal Code or any other City ordinance, are <br />separate from, and additional to, any and all federal, state, local, and City taxes as may <br />be levied, imposed, or due from Franchisee. <br />T. Vacation. If, at any time, the City shall vacate any City road, right-of-way, <br />or other City property which is subject to rights granted by this Franchise Agreement and <br />said vacation shall be for the purpose of acquiring the fee or other property interest in <br />said road, Public Right-of-Way, or other City property for the use of the City, in either its <br />proprietary or governmental capacity, then the City may, at its option and by giving 90 <br />days written notice to Mobilitie, terminate this Franchise Agreement with reference to such <br />137061302.3 <br />52 <br />
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