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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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rules, regulations, laws, and practices, and employ all necessary devices as required by <br />applicable law during the construction, operation, maintenance, upgrade, repair, or <br />removal of its Facilities. By way of illustration and not limitation, Franchisee shall also <br />comply with the applicable provisions of the National Electric Code, National Electrical <br />Safety Code, FCC regulations, and Occupational Safety and Health Administration <br />(OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general <br />right to inspect the Facilities to evaluate if they are constructed and maintained in a safe <br />condition. <br />Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist, <br />and becomes known to the City, the City agrees to give Franchisee written notice of such <br />condition and afford Franchisee a reasonable opportunity to repair the same. If <br />Franchisee fails to start to make the necessary repairs and alterations within the time <br />frame specified in such notice (and pursue such cure to completion), then the City may <br />make such repairs or contract for them to be made. All costs, including administrative <br />costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee <br />and reimbursed to the City pursuant to Section 14.3 and Section 14.4. <br />Section 11.3.Additional safety standards include: <br />(a) Franchisee shall endeavor to maintain all equipment lines and facilities in <br />an orderly manner, including, but not limited to, the removal of all bundles of <br />unused cable on any aerial facilities. <br />(b) All installations of equipment, lines, and ancillary facilities shall be installed <br />in accordance with industry -standard engineering practices and shall comply with <br />all federal, State, and local regulations, ordinances, and laws. <br />(c) Any opening or obstruction in the Rights -of -Way or other public places <br />made by Franchisee in the course of its operations shall be protected by <br />Franchisee at all times by the placement of adequate barriers, fences, or boarding, <br />the bounds of which, during periods of dusk and darkness, shall be clearly marked <br />and visible. <br />Page 17 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />21 <br />
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