affects the public health, safety, or welfare. Notwithstanding the foregoing, alterations
<br />shall not be material and shall not be subject to additional permitting or City approval to
<br />the extent that: _(i) such modification to the attachment involves only substitution of
<br />internal components, and does not result in any change to the external appearance,
<br />dimensions, or weight of the attachment, as approved by the City; or (ii) such modification
<br />involves replacement of the attachment with an attachment that is the same, or smaller
<br />in weight and dimensions as the approved attachment. Mobilitie will notify the City of any
<br />such modification within fifteen -(15) days after the modification is made.
<br />12. Underground Installation Required. All telecommunications cables
<br />and junction boxes or other vaulted system components shall be installed underground
<br />when and to the extent required by Tukwila Municipal Code §Section 11.32.090(B),
<br />unless otherwise exempted from this requirement, in writing, by the Public Works Director,
<br />provided however, this requirement shall not apply to the Facilities that are required to
<br />remain above ground in order to be functional.
<br />13. Relocation.
<br />a. The City shall have the right to require Mobilitie to alter, adjust,
<br />relocate, re -attach, secure, or protect in place itsFacilities within the public right-of-way
<br />when reasonably necessary for construction, ai , repair, or improvement of any
<br />portion of the Public "Rights -of -_Way for pur tof public welfare, health, or safety
<br />("Public Improvements"). Such Public Irl ri vements include, but are not limited to: Public
<br />Rights -of -Way construction; Public Rights -of repair (including resurfacing or
<br />widening); change of Public Rights -of -Way grade; crnstruction, installation, or repair of
<br />sewers, drains, water pipes, poise dries, signal lines, communication lines, or any other
<br />type of government-owned communications, utility or public transportation systems,
<br />public work, public facility, or improvement ment of any government-owned utility; Public
<br />Rights -of -Way vacation, And the construction of any public improvement or structure by
<br />any governmental agency acting in a governmental capacity. In the event the City
<br />requires Mobilitie to relocate its Facilities, the City shall provide Mobilitie with written
<br />notice requesting such relocation, along with plans for the Public Improvement that are
<br />sufficiently complete to allow for the initial evaluation, coordination, and the development
<br />of a relocation plan. The City and Mobilitie shall meet at a time and location determined
<br />by the City to discuss the project requirements including critical timelines, schedules,
<br />construction standards, utility conflicts, as -built requirements, and other pertinent
<br />relocation plan details. The City shall notify Mobilitie as soon as practicable of the need
<br />for relocation and shall specify the date by which relocation shall be completed. Except
<br />in case of emergency, such notice shall be no less than 90 days before the relocation is
<br />to be completed.
<br />b. To ensure timely execution of relocation requirements, Mobilitie
<br />shall, upon written request from the City, provide at Mobilitie's expense, base maps,
<br />current as -built information, detailed relocation plan (including detailed schedule of
<br />relocation activities, identification of critical path, identification of Facilities, and relocation
<br />procedures), and other design, technical, or operational requirements within the
<br />ti-naeframetime frame specified by the City.
<br />W, Word Processing \Ordinances\Mobilitie Franchise Agreement markup TIS to C.0,W 6-28-18
<br />CK:bjs: LH
<br />Page 9 of 24
<br />231
<br />
|