USE OF PUBLIC RIGHT-OF-WAY a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract Franchise, IdeaTek shall have the right to construct, maintain and operate its Facilities along, across, upon and under the public right-of-way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
b. IdeaTek shall participate in the Kansas One Call utility location program.
c. IdeaTek may attach its Facilities to an existing City-owned utility pole pursuant to the current National Electric Safety Code.
d. It is understood that IdeaTek may build new Facilities in the City which would comply with all applicable Laws. If the City has no formal third-party utility installation policy or permit process, IdeaTek will not be obligated to make application for new facility installations unless and until such time a formal process is implemented by the City in a reasonable and non- discriminatory form and enforced among all third-party utility installations.
e. If the City has a utility installation process or permit policy applicable to the installation of the IdeaTek’s Facilities, the City will approve or deny any application by the IdeaTek no later than 14-days from submission of a complete application. Failure of the City to deny with reasonable specificity IdeaTek’s application within 14-days will be considered approval of the application by the City.
f. IdeaTek will always attempt to provide reasonable notice to the City for any new installation and give the City reasonable time to provide input on the placement/location of new Facilities.
g. No notice is necessary to the City for Facility maintenance unless such maintenance will require street closure, and in such event, IdeaTek will use reasonable efforts to coordinate such closure with the City.
USE OF PUBLIC RIGHT-OF-WAY. Developer shall coordinate with City to use the public rights of way adjacent to Santa Xxxxxx Place on Colorado Avenue and 4th Street during construction of the Project in a manner that does not unreasonably interfere with the City’s installation of the Esplanade on Colorado Avenue.
USE OF PUBLIC RIGHT-OF-WAY. It is agreed by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, patterned concrete, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands.
USE OF PUBLIC RIGHT-OF-WAY. Before commencing any work within a Public Right-of-Way, Licensee shall apply for and obtain a street opening permit if required under City ordinances. Licensee and its authorized contractors shall give City reasonable notice of the dates, location, and nature of all work to be performed on its communications equipment within the public rights‐of‐way. This Agreement shall allow Licensee to perform all work on Licensee’s communications equipment within the Public Rights-of- Way, and to park vehicles in the streets and other public rights‐of‐way when necessary for the installation, replacement, abandonment, operation or maintenance of Licensee’s communications equipment, subject to approval by City for any full or partial street closures. Following completion of work in the Public Rights- of-Way, Licensee shall repair any affected public rights‐of‐way as soon as possible, but no later than the timeframe established in the applicable Site License. No street, alley, highway, or public place shall be encumbered for a longer period than shall be reasonably necessary to execute the work authorized by the applicable Site License and this Agreement. Any damages to the Public Right-of-Way or other City-owned property caused by Licensee’s installation or operations shall be repaired or replaced at Licensee’s sole cost and to City’s reasonable satisfaction.
USE OF PUBLIC RIGHT-OF-WAY a. Subject to the provisions of this Agreement, Licensee shall have the right to construct, maintain and operate its Facilities along, across, upon and under the Public Right-of- Way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
b. Licensee’s use of the Public Right-of-Way shall always be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the City, including without limitation, Chapter 12.06 of the Shawnee Municipal Code regarding the use of the City’s Right-of-Way, and Policy Statement No. 27, regarding Development and Service Fees, Surety Requirements, and Insurance Requirements. The City may exercise its home rule powers in its administration and regulation related to the management of the Public Right-of-Way; provided that any such exercise must be competitively neutral and may not be unreasonable or discriminatory. Licensee shall be subject to all applicable laws and statutes, and/or rules, regulations, policies, resolutions and ordinances adopted by the City, relating to the construction and use of the Public Right-of-Way, including, but not limited to the City’s ordinance for managing the use and occupancy of the Public Right-of-Way, codified at Chapter 12.06 of the Shawnee Municipal Code, and amendments thereto and the City’s zoning and land-use laws and related rules and regulations and amendments thereto, to the extent such laws do not conflict with or are preempted by any Federal law or regulation.
c. Licensee shall participate in the Kansas One Call utility location program.
USE OF PUBLIC RIGHT-OF-WAY a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract Franchise, Grantee shall have the right to construct, maintain and operate its Facilities along, across, upon and under the Public Right-of-Way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
b. Xxxxxxx’s use of the Public Right-of-Way shall always be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the City, including without limitation, Chapter 12.06 of the Shawnee Municipal Code regarding the use of the City’s Right-of-Way, and Policy Statement No. 27, regarding Development and Service Fees, Surety Requirements, and Insurance Requirements. The City may exercise its home rule powers in its administration and regulation related to the management of the Public Right-of-Way; provided that any such exercise must be competitively neutral and may not be unreasonable or discriminatory. Grantee shall be subject to all applicable laws and statutes, and/or rules, regulations, policies, resolutions and ordinances adopted by the City, relating to the construction and use of the Public Right-of-Way.
c. Grantee shall participate in the Kansas One Call utility location program.
d. City shall require Grantee to repair all damage to a Public Right-of Way caused by the activities of Grantee, or of any agent, affiliate, employee, or subcontractor of Grantee, while occupying, installing, repairing or maintaining Facilities in the Public Right-of- Way and to return the Right-of-Way, to its functional equivalence before the damage pursuant to the reasonable requirements and specifications of the City. If, after the expiration of a reasonable period, Xxxxxxx fails to make the repairs required by the City, the City may affect those repairs and charge Grantee the cost of those repairs. If the City incurs damages as a result of a violation of this subsection, then the City shall have a cause of action against Grantee for violation of this subsection and may recover its damages, including reasonable attorney fees, if Grantee is found liable by a court of competent jurisdiction. All Facilities of Grantee shall be installed and maintained in accordance with all applicable federal, state and local laws, rules, and regulations, including, but not limited to, the City’s applicable permit appli...
USE OF PUBLIC RIGHT-OF-WAY a. No Burden on Public Right-of-Way. Company, its contractors, subcontractors, and the Small Wireless Facilities shall not unduly burden or interfere with the present or future use of any of the ROW. The Small Wireless Facilities shall be installed and maintained so as to not endanger or injure persons or property in or about the ROW. If Township reasonably determines that any portion of the Small Wireless Facilities constitutes an undue burden or interference, due to changed circumstances, Company, at its sole expense, shall modify the Small Wireless Facilities or take such other actions as Township may determine is in the public interest to remove or alleviate the burden, and Company shall do so within a reasonable time period. Township shall attempt to require all occupants of a pole or conduit whose facilities are a burden to remove or alleviate the burden concurrently.
USE OF PUBLIC RIGHT-OF-WAY a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this contract franchise, Grantee shall have the right to construct, maintain and operate its facilities along, across, upon and under the public right-of-way. Such facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
b. Xxxxxxx's use of the public right-of-way shall always be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the City. The City may exercise its home rule powers in its administration and regulation related to the management of the public right-of-way; provided that any such exercise must be competitively neutral and may not be unreasonable or discriminatory. Grantee shall be subject to all applicable laws and statutes, and/or rules, regulations, policies, resolutions and ordinances adopted by the City, relating to the construction and use of the public right-of-way, including, but not limited to the City's ordinance for communications services regulating the use and occupancy of the public right-of-way and amendments thereto, as may be amended from time to time.
c. Grantee shall participate in the Kansas One Call utility location program.
d. IdeaTek may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City’s police powers, and in no instance shall IdeaTek erect a new pole within an existing aerial pole line absent the City’s prior authorization.
e. It is understood that IdeaTek may build new poles or other such facilities required for the installation of the Facilities which would comply with all encroachment and building permits, applicable City, state and federal specifications, and Laws (“New Poles”). The Parties agree that in areas where there are existing poles, IdeaTek will work with the owner of that existing pole to collocate the DAS Facility but only when the pole owner is willing to allow such attachment and where such attachment is feasible from a safety, technical, and engineering (structural and radio frequency coverage) perspective.
f. If a New Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the City m...
USE OF PUBLIC RIGHT-OF-WAY a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract Franchise, IdeaTek shall have the right to construct, maintain and operate its Facilities along, across, upon and under the public right-of-way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
b. IdeaTek shall participate in the Kansas One Call utility location program.
c. This Agreement does not permit IdeaTek to attach anything to City owned poles and does not cover any poles owned by the McPherson Board of Public Utilities (“BPU”). Any pole attachments to BPU poles shall be by separate agreement pursuant to then-existing BPU policy.
d. IdeaTek shall comply with the City’s right-of-way permitting process including but not limited to payment of fees.
e. If the City has a utility installation process or permit policy applicable to the installation of the IdeaTek’s Facilities, the City will approve or deny any application by the IdeaTek no later than 14-days from submission of a complete application. Failure of the City to deny with reasonable specificity IdeaTek’s application within 14-days will be considered approval of the application by the City.
f. IdeaTek will always attempt to provide reasonable notice to the City for any new installation and give the City reasonable time to provide input on the placement/location of new Facilities.
g. No notice is necessary to the City for Facility maintenance unless such maintenance will require street closure, and in such event, IdeaTek will use reasonable efforts to coordinate such closure with the City.
h. Zoning regulations shall not apply to installations within the Public ROW.
i. IdeaTek shall be responsible for any damage, ordinary wear and tear excepted, to street pavement, existing facilities and utilities, curbs, gutters, sidewalks, landscaping, and all other public or private facilities, to the extent caused by IdeaTek’s construction, installation, maintenance, access, use, repair, replacement, relocation, or removal of the Network in the City’s ROW. IdeaTek shall promptly repair such damage and return the City’s ROW and any affected adjacent property to a safe and satisfactory condition to the City in accordance with the City’s applicable street restoration standards or to the property owner if not the City. IdeaTek’s obligations under this section 3.h shall survive for...
USE OF PUBLIC RIGHT-OF-WAY. No Burden on Public Right-of-Way. Company, its contractors, subcontractors, and the Small Cell Wireless Facilities shall not unduly burden or interfere with the present or future use of any of the Public Right-of-Way. If Municipality reasonably determines that any portion of the Small Cell Wireless Facilities constitutes an unsafe burden or interference to Municipality, due to changed circumstances that impact usual travel or public safety on the Public Right-of-Way or obstruct the legal use of the Municipality’s Public Right-of-Way, Company, at its sole expense, shall modify the Small Cell Wireless Facilities or take such other actions as Municipality may determine in good faith is in the public safety interest to remove or alleviate the burden, and Company shall do so within a reasonable time period. Municipality shall attempt to require all occupants of a pole or conduit whose facilities are a burden to remove or alleviate the burden concurrently.
