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TIS 2024-07-22 Item 2A - Ordinance - 5-Year Franchise Agreement with Wholesail Networks
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2024-07-22 Transportation and Infrastructure Services
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TIS 2024-07-22 Item 2A - Ordinance - 5-Year Franchise Agreement with Wholesail Networks
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7/18/2024 3:29:55 PM
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Council Committees
Committees Date (mm/dd/yy)
07/22/24
Committee Name
Transportation and Infrastructure Services 2021-Present
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Agenda Packet
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(30) days' written notice from the City, shall raise, remove, or relocate to another part of <br />the Right -of -Way, at the expense of the person desiring to move the building, any of <br />Franchisee's Facilities that may obstruct the removal of such building. <br />Section 6.10. The provisions of this Section 6 shall survive the expiration, <br />revocation, abandonment or termination of this Franchise during such time as Franchisee <br />continues to have Facilities in the Rights -of -Way. <br />Section 7. Undergroundinq of Facilities. <br />Section 7.1. Except as specifically authorized by permit of the City, Franchisee <br />shall not be permitted to erect poles. All Facilities shall be installed underground. <br />Franchisee acknowledges and agrees that if the City does not require the undergrounding <br />of its Facilities at the time of permit application, the City may, at any time in the future, <br />require the conversion of Franchisee's aerial facilities to underground installation at <br />Franchisee's expense; provided that the City requires all other wireline utilities, except <br />electrical utilities, with aerial facilities in the area to convert such facilities to underground <br />installation at the same time. Unless otherwise permitted by the City, Franchisee shall <br />underground its Facilities in all new developments and subdivisions, and any <br />development or subdivision where all utilities, other than electrical utilities, are currently <br />underground. <br />Section 7.2. Whenever the City may require the undergrounding of the aerial <br />utilities (other than electrical utilities and personal wireless services facilities) in any area <br />of the City, Franchisee shall underground its aerial facilities in the manner specified by <br />the City, concurrently with and in the area of the other affected utilities. The location of <br />any such relocated and underground utilities shall be approved by the City. Where other <br />utilities are present and involved in the undergrounding project, Franchisee shall only be <br />required to pay its fair share of common costs borne by all utilities, in addition to the costs <br />specifically attributable to the undergrounding of Franchisee's own Facilities. "Common <br />costs" shall include necessary costs not specifically attributable to the undergrounding of <br />any particular facility, such as costs for common trenching and utility vaults. "Fair share" <br />shall be determined for a project on the basis of the number and size of Franchisee's <br />Page 9 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />13 <br />
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