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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
Record Type
Agenda Packet
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specifications. <br />Section 10.2. Franchisee agrees to promptly complete all restoration work and to <br />promptly repair any damage caused by work to the Franchise Area or other affected area <br />at its sole cost and expense and according to the time and terms specified in the <br />construction permit issued by the City. All work by Franchisee pursuant to this Franchise <br />shall be performed in accordance with applicable City standards. <br />Section 10.3. If conditions (e.g. weather) make the complete restoration required <br />under Section 10 impracticable, Franchisee shall temporarily restore the affected Right - <br />of -Way or property. Such temporary restoration shall be at Franchisee's sole cost and <br />expense. Franchisee shall promptly undertake and complete the required permanent <br />restoration when conditions no longer make such permanent restoration impracticable. <br />Section 10.4.In the event Franchisee does not repair a Right -of -Way or an <br />improvement in or to a Right -of -Way within the time reasonably directed to by the Public <br />Works Director, or designee, the City may repair the damage and shall be reimbursed its <br />actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance <br />with the provisions of Section 14.3 and Section 14.4. In addition, and pursuant to Section <br />14.3 and Section 14.4, the City may bill Franchisee for expenses associated with the <br />inspection of such restoration work. The failure by Franchisee to complete such repairs <br />shall be considered a breach of this Franchise and is subject to remedies by the City <br />including the imposition of damages consistent with Section 24. <br />Section 10.5. The provisions of this Section 10 shall survive the expiration, <br />revocation, abandonment, or termination of this Franchise. <br />Section 11. Safety Requirements. <br />Section 11.1. Franchisee shall, at all times, employ professional care and shall <br />install and maintain and use industry -standard methods for preventing failures and <br />accidents that are likely to cause damage, injuries, or nuisances to the public. All <br />structures and all lines, equipment, and connections in, over, under, and upon the Rights - <br />of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe <br />condition. Franchisee shall comply with all federal, State, and City safety requirements, <br />Page 16 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />20 <br />
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