Undergrounding. 1. The 1990 Franchise required PSCo to fund projects for the undergrounding of overhead electrical lines in an amount equal to one percent of annual gross electrical revenues generated by service to customers in Boulder. PSCo has not provided any new funding for undergrounding since the expiration of 1990 Franchise. As a one-time settlement accommodation and without setting any precedent PSCo shall provide funding for undergrounding in an amount equal to one percent of gross electrical revenues received by PSCo from customers in Boulder for the period between the date of expiration of the 1990 Franchise and the effective date of the 2020 Franchise.
2. The funds described in subparagraph 1. above shall be in addition to the funds to be provided pursuant to paragraph 11.2 of the 2020 Franchise.
3. All funds identified in subparagraph 2. above shall be available for undergrounding projects to be completed during the first three years following the effective date of the proposed franchise. Provided, however, any unspent funds shall be available for undergrounding projects in subsequent years. Failure to complete a project in the three- year time period shall not affect the availability of funding.
4. The prioritization and selection of the overhead facilities to be undergrounded shall be governed by the mutual agreement of the Parties pursuant to the Distribution Partnership Agreement and the 2020 Franchise.
Undergrounding. 11.2.1. Unless otherwise provided in this License, all new Licensee facilities in the Public Streets or in any public or private easement shall be located in accordance with the County's subdivision regulations, as they may be amended from time to time. Nothing contained in this Section requires Licensee to construct, operate, and maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, stand-by and other power supplies, network reliability units, pedestals, or other related equipment.
11.2.2. If Licensee extends new service into an area that already has available overhead utility poles, then Licensee may use such poles for its facilities, subject to agreement with the pole owner. No underground facilities may be moved to poles. Licensee may not install any poles. Licensee's existing overhead facilities may remain on poles subject to the requirements of Section 11.2.3 below.
11.2.3. Licensee's aerial facilities shall be placed underground as set forth below.
11.2.3.1. Where aerial facilities of other utilities in the same span are placed underground at the cost of such other utility, Licensee shall concurrently (or earlier) place its existing aerial facilities underground at its own expense.
Undergrounding. Except as hereinafter provided, in all areas of the Franchise Area where the cables, wires and other like facilities of any public utilities or public utility districts are placed underground, Grantee shall construct and install its cables, wires, and other facilities underground. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe. In any area of the Grantors where there are certain cables, wires and other like facilities of a public utility or public utility district underground and at least one operable cable, wire or like facility of a public utility or public utility district suspended above the ground from poles the Grantee may construct and install its cables, wires, and other facilities from the same poles.
Undergrounding. 24 In those areas of County where the transmission or distribution facilities of the local exchange 25 carrier and/or the electric utility are underground, or hereafter place underground, Grantee shall 26 likewise construct or relocate, operate and maintain that portion of its Network in the area 27 underground upon County approval. Further, consistent with any general municipal 28 undergrounding policy or program now or hereafter developed, the county may require 29 Grantee’s participation in municipally imposed undergrounding or related requirement. Grantee 30 agrees to coordinate its underground installation and planning activates with the County’s 31 underground plan and policies. Such undergrounding in any event shall be at Grantee’s 32 expense. 34 ARTICLE XVI - INDEMNIFICATION 35
Undergrounding. The Purchase Price of $20,700,000 is based upon the value of the Property if the Undergrounding occurs. If the Undergrounding does not occur, then the Parties agree that the value of the Property is eighteen million, one hundred and ten thousand dollars ($18,110,000). Therefore, the PURCHASER shall pay to SELLER, eighteen million, one hundred and ten thousand dollars ($18,110,000) at Closing. If (i) the Undergrounding has commenced within five (5) years of the Closing Date, (ii) within seven (7) years of the Closing Date the Facilities have been removed from the Property and relocated and replaced with underground power lines and facilities in Flamingo Road right-of-way and (iii) within seven (7) years of the Closing Date SELLER has vacated, terminated and relinquished its Easement for the Facilities in the northerly 48 feet of the Property (except for any such portion of that Easement area as may be necessary for SELLER to continue to provide service to its customers), then PURCHASER agrees that the value of the Property will have increased by two million, five hundred and ninety thousand dollars ($2,590,000), in which event PURCHASER agrees to then pay to SELLER the $2,590,000 (“Additional Amount”). The Additional Amount shall be paid to SELLER within 30 days of the timely fulfillment of all three (3) of the conditions set forth in clauses (i), (ii) and (iii) of the immediately preceding sentence, including the recording in the Official Records of Xxxxx County, Nevada of the vacation, termination and relinquishment of SELLER’S Easement for the Facilities, time being of the essence. If any one of those 3 conditions is not timely fulfilled, PURCHASER shall have no further obligation to pay the Additional Amount. Each Party shall be responsible for any taxes, assessments, costs and brokerage fees incurred because of the payment of the Additional Amount as a part of the Purchase Price and shall hold the other Party harmless therefrom. For purposes of this Agreement, the Undergrounding shall be deemed to have commenced when (i) all building, construction and encroachment permits necessary for the construction and installation of the replacement facilities have been issued by all State of Nevada and Xxxxx County authorities and (ii) physical trenching and/or pavement removal for the replacement facilities has physically commenced at some location. If a portion of the Property is used for the Undergrounding, or if PURCHASER is required to pay certain costs or e...
Undergrounding. Where existing utilities within a City Way are undergrounded, the Telecommunications Licensee shall underground its facilities or shall have the option to move their facilities to another location pursuant to the same Permit requirements set forth in this Agreement.
Undergrounding. Subject to the applicable City Code of each Member City, Grantee shall place underground all of its transmission lines which are located or are to be located above or within the Streets of the Member Cities in the following cases:
(a) All other existing utilities are required to be placed underground by statute, resolution, policy or other Applicable Law;
(b) Grantee is unable to get pole clearance;
(c) Underground easements are obtained from developers of new residential areas; or
(d) Utilities are overhead but residents prefer underground (service provided at the lowest legally permitted price to residents). If an ordinance is passed by Grantor or a Member City, which involves placing underground certain utilities including Grantee’s cable plant which is then located overhead, Grantee shall participate in such underground project and shall remove Facilities if requested to do so and place Facilities underground. Nothing herein shall mandate that a Member City provide reimbursement to Grantee for the costs of such relocation and removal. However, if a Member City provides any reimbursement to other right-of-way users or makes available funds for the cost of placing Facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable laws. If the source of funding is from a third party for a specific utility; a Member City is not obligated to provide similar funding for these purposes to other utilities including Grantee. Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for Drops from pedestals to Subscribers’ homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be utilized which meets the highest industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available.
Undergrounding a) Cable must be installed or relocated underground where:
i. all existing utilities, other than electric transmission lines, are placed underground,
ii. statute, ordinance or other regulation lawfully imposed by the Grantor requires utilities to be placed underground,
iii. overhead utility lines are moved underground (Grantee shall bear the cost of such movement of its facilities unless specific exemption is given by Grantor in any individual case or unless preemptive state or federal law or regulation provides otherwise),
iv. Grantee is unable to get or maintain proper clearances,
v. underground easements are obtained from developers of new residential areas, or
vi. utilities are overhead but individual residents requesting such cable prefer underground (undergrounding is to be paid by the residents, and such undergrounding shall be provided by the Grantee to the residents at cost).
b) Grantee shall use conduit or its functional equivalent on 100% of undergrounding, except for drops from poles, pedestals or vaults to Subscribers' homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be used which meets the industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available.
Undergrounding. The Licensee must comply with applicable City requirements concerning undergrounding.
Undergrounding. In the event the County develops an undergrounding project for which it plans to utilize County funds to reimburse utilities for the cost of said undergrounding, it shall notify Franchisee of such project to allow Franchisee to plan for relocation of its facilities contemporaneously with other utilities, and discuss with Franchisee how Franchisee may be eligible for such funding consistent with equitable principles and applicable law. In the event that such funds are not available or do not cover the entire cost of the relocation, Franchisee reserves the right to pass its costs, or in the case of partial reimbursement, its incremental cost, through to its Subscribers in accordance with applicable law.
