Use of Public Rights of Way a. LESSOR hereby grants to LESSEE the right to use the municipal public right‐of‐way for the installation, maintenance and operation of LESSEE’s communications equipment in and/or upon utility poles and/or other improvements and/or facilities owned by LESSOR or by third parties and located within said public right‐of‐way. LESSOR agrees that the annual rental as described in Paragraph 3 above includes any fee or rent associated with LESSEE's use of the public rights-of-way, and in no event shall LESSEE be obligated to pay LESSOR any other rent or fee in connection with such use of any of the public rights‐of‐way.
b. All communications equipment shall be installed in accordance with applicable Federal, State, and City regulations and, in the absence of such regulations, in accordance with accepted industry practice. LESSEE shall comply with all laws, ordinances, rules and regulations adopted by the City Council of LESSOR with respect to all communications equipment installed in any public right-of- way. Within the public rights‐of‐way, the location of the communications equipment shall be subject to the reasonable and proper regulation, direction and control of the LESSOR or the official to whom such duties have been delegated by LESSOR. Notwithstanding the foregoing, should any ordinances, rules or regulations adopted by LESSOR be unduly burdensome in LESSEE’s sole judgment, LESSEE may terminate this Agreement or any Supplement or Supplements under the Agreement, without penalty, upon written notice to LESSOR.
c. LESSEE and its contractors shall give LESSOR 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 LESSEE to perform all work on LESSEE’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 LESSEE’s communications equipment. LESSEE and contractors performing work for LESSEE shall not be required to pay any fee in order to perform work on LESSEE’s communications equipment, or park within the streets and other public rights‐of‐way. Following completion of work in the public rights‐of‐way, LESSEE shall repair any affected public rights‐of‐way as soon as possible, but no later than the time frame established by the permit issued by the LESSOR. No street, alley, highway or pub...
Use of Public Rights of Way. In using the Public Rights of Way, the Company shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police powers and shall be subject to all applicable laws, statutes, ordinances, regulations, orders, and rules adopted or promulgated by any governing body now or hereafter having jurisdiction. In addition, the Company shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City relating to the use of the Public Rights of Way, including but not limited to permits, sidewalk and pavement cuts, utility location, construction coordination, “Complete Streets” policies, beautification, tree care, and other requirements affecting the use of the Public Rights of Way. The Company shall also comply with the following:
(a) The Company’s use of the Public Rights of Way shall in all matters be subject and subordinate to the City’s use of the Public Rights of Way for any public purpose or for any purpose relating to the health, safety, and welfare of the City. The Company shall coordinate the placement of its Facilities in a manner that minimizes adverse impact on Public Improvements as reasonably determined by the City. Where placement is not otherwise regulated, the Facilities shall be placed with adequate clearance from such Public Improvements so as not to affect or be affected by such Public Improvements.
(b) To the extent that the Company uses above-ground markers, antennas, or support structures related to its use of the Public Rights of Way for the placement of its Facilities, the Company agrees that it will seek City approval and comply with all City requirements before placing any such markers, antennas, or support structures and that said markers, antennas, and support structures shall be unobtrusive.
(c) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind that are injured, damaged, or removed by the Company while engaging in any activity under this Franchise Contract shall be fully repaired or replaced to their original condition within a reasonable time by the Company at its sole cost and expense and to the reasonable satisfaction of the City.
(d) The Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all Facilities constructed, reconstructed, located, or reloc...
Use of Public Rights of Way. The Parties agree that it is necessary to avoid the adverse environmental and operating impacts that would occur as a result of duplicate electric lines being constructed in close proximity. Therefore, subject to Idaho Power's compliance with paragraph 13.4, Seller agrees that should Seller seek and receive from any local, state or federal governmental body the right to erect, construct and maintain Seller-furnished Interconnection Facilities upon, along and over any and all public roads, streets and highways, then the use by Seller of such public right-of-way shall be subordinate to any future use by Idaho Power of such public right-of-way for construction and/or maintenance of electric distribution and transmission facilities and Idaho Power may claim use of such public right-of-way for such purposes at any time. Except as required by paragraph 13.4, Idaho Power shall not be required to compensate Seller for exercising its rights under this paragraph 13.2.
Use of Public Rights of Way. Subject to Grantor's supervision and control and the terms of this Agreement, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Public Rights of Way within the Franchise Area, such wires, cables, conductors, ducts, conduits, vaults, amplifiers, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the Franchise Area. Grantee shall comply with all applicable construction codes, laws, ordinances, regulations and procedures now in effect or enacted hereafter, and must obtain any and all necessary permits from Grantor and any other applicable agencies prior to commencing any construction activities. Grantee, through this Agreement, is granted extensive and valuable rights to operate its Cable System for profit using Grantor's Public Rights of Way within the Franchise Area in compliance with all applicable Grantor construction codes and procedures, and any other applicable law. As trustee for the public, Grantor is entitled to fair compensation to be paid for these valuable rights throughout the term of this Agreement subject to federal law.
Use of Public Rights of Way. Each Member hereby agrees that SUVPS shall have the right, without payment therefor, to use the public rights of way of each Member, including any easements granted to each Member for utility purposes (together, the “Public Ways”) for purposes for which SUVPS has been created, as described in Section 3, above. Nothing in this Section 5 shall be read as restricting or eliminating the authority of each Member over land use and permitting relating to SUVPS’s activities within the Public Ways. Notwithstanding the foregoing paragraph, each Member shall have the ability to place reasonable restrictions on the routing of SUVPS facilities through the Public Ways of that Member.
Use of Public Rights of Way a. No Burden on public rights of way. Franchisee and its contractors and Franchisee’s public water system shall not unduly burden or interfere with the present or future use of any public rights of way within the Township. Franchisee shall install and maintain its public water system with minimum interference with the use of the public rights of way and shall not obstruct public rights of way longer than necessary during the work of construction or repair to the water system. Franchisee’s structures and equipment shall not endanger or injure persons or property in the public rights of way. Franchisee shall use its best efforts to not unreasonably interfere with or disrupt any other public utility apparatus or facilities, to the extent Franchisee interferes with or disrupts any such public utility apparatus or facilities, Franchisee shall restore such apparatus or facilities to as good order and condition as when Franchisee commenced work.
Use of Public Rights of Way. .1 When The City grants approval for the Developer to make connections to existing Trunks or mains, including service connections, in rights of way at the boundary of the Development, The City grants the Developer the right to excavate in the said rights of way in order for the Developer to make the approved connections. The Developer agrees to restore the rights of way to the pre-existing conditions (i.e. gravel lane, paved roadway, etc.).
.2 The Developer shall identify applicable sections of rights of way, including any existing improvements, on the Construction Drawings. A plan of construction activities including a plan of restoration shall be submitted to the Engineer. The Developer shall submit supporting cost estimates that include any restoration costs in the construction cost for service connections.
.3 Any required rights of way restoration, as determined by the Engineer, shall be completed by the Developer as soon as reasonably possible, but no later than 30 calendar days following the Developer’s connections.
.4 Following completion of the connections, including repairs of the surface, the Developer shall submit a Construction Completion Certificate certifying completion of the repairs within the boundary right of way.
.5 After the issuance of the Construction Completion Certificate, the Developer shall be responsible for any and all repairs and replacements to any Municipal Improvements or public rights of way which may become necessary from any cause whatsoever, up to the end of the maintenance period stated in the said Construction Completion Certificate and until the issuance of the Final Acceptance Certificate by the Engineer.
Use of Public Rights of Way. 6.1. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the Public Rights-of-Way, public places and other City-owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time.
Use of Public Rights of Way. The Parties agree that AT&T Missouri's use of the public rights-of-way for its IP-Enabled Video Services, including construction and maintenance activities, will be carried out in accordance with Sections 67.1830 to 67.1846 of the Revised Statutes of Missouri, and the City's ordinances relating to rights-of-way management and use, provided that the ordinances do not conflict with state or federal law. The placement and location of new or expanded facilities to provide IP-Enabled Video Services shall be subject to reasonable review and approval by the City, not to be unreasonably delayed or withheld to ensure, subject to applicable law, that public safety concerns or other detriment to the public are reasonably minimized. AT&T Missouri shall make reasonable efforts to contact the nearby property owner(s) to communicate what work will be done and when. AT&T Missouri agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to serviceable condition, in accordance with Code and/or City standards, any street or any public structure involved in the construction, operation, maintenance, repair, upgrade or removal of the IP Video Facilities that may become disturbed or damaged as a result of any work thereon by or on behalf of AT&T Missouri. If the size of the IP Video utility cabinet/structure placement footprint exceeds two (2) square feet, AT&T Missouri shall, upon the City's request, provide landscaping to screen the placement from public view consistent with the location chosen. AT&T Missouri shall abide by the terms of City ordinances, including but not limited to zoning regulations and the placement/screening of utility cabinets or structures on private easements or property, except to the extent such ordinances conflict with state or federal law.
Use of Public Rights of Way. Subject to Grantor's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Public Rights-of- Way, and public easements within the Franchise Area such wires, cables, conductors, ducts, conduits, vaults, amplifiers, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System for the provision of Cable Service within the Franchise Area. Grantee shall comply with all applicable construction codes, laws, ordinances, regulations and procedures, now in effect or enacted hereafter, and must obtain any and all necessary permits from the Public Works Department prior to commencing any construction activities. Grantee, through this Agreement, is granted extensive and valuable rights to operate its Cable System for profit using Grantor's public rights-of-way and public utility easements within the Franchise Area in compliance with all applicable Grantor construction codes and procedures. As trustee for the public, Grantor is entitled to fair compensation to be paid for these valuable rights throughout the term of this Agreement.
