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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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6/21/2018 12:55:43 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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F. Duty to Restore. <br />1. Franchisee shall, after completion of Construction of any part of its Network, <br />leave the Public Rights -of -Way and other property disturbed nearby, in as good or better <br />condition in all respects as it was in before the commencement of such Construction. <br />Franchisee agrees to promptly complete restoration work to the reasonable satisfaction <br />of the City and in conformance with City standards. <br />2. If Franchisee's Work causes unplanned, unapproved, or unanticipated <br />disturbance or alteration or damage to Public Rights -of -Way or other public property, it <br />shall promptly remove any obstructions therefrom and restore such Public Rights -of -Way <br />and public property to the satisfaction of the City and in accordance with City Standards. <br />3. If weather or other conditions do not allow the complete restoration required, <br />Franchisee shall temporarily restore the affected Public Right -of -Way or public property. <br />Franchisee shall promptly undertake and complete the required permanent restoration <br />when the weather or other conditions no longer prevent such permanent restoration. <br />G. Notice. If Franchisee's Work causes unplanned, unapproved, or <br />unanticipated disturbance or damage to Public Rights -of -Way or other public or private <br />property, the Franchisee shall promptly notify the property owner within twenty-four (24) <br />hours. <br />H. Warranty. Franchisee shall warrant any restoration work performed by <br />Franchisee in the Public Rights -of -Way or on other public property for two (2) years, <br />unless a longer period is required by applicable City Standards. If restoration is not <br />satisfactorily and timely performed by the Franchisee, the City may, after prior notice to <br />the Franchisee, or without notice where the disturbance or damage may create an <br />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 />its condition immediately prior to the affect, disturbance, alteration, or damage, to the <br />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 />137061302.3 <br />48 <br />
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