Use of Right-of-Way. In the use of the right-of-way under this Contract franchise, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following: a) The Grantee’s use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the City. The Grantee 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 impact or be impacted by such public improvement. b) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee in its activities under this Contract franchise shall be fully repaired or replaced within a reasonable time by the Grantee at its sole expense and to the reasonable satisfaction of the City and the Grantee. c) The Grantee shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq., as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee to safeguard such information. The Grantee agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions of the Grantee, or of the City at the written request of the Grantee, in seeking to safeguard the confidentiality of information provided by the Grantee to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum. d) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest of the City as set forth in City ordinances. e) The Grantee shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. The Grantee shall designate an agent to provide the City with timely information when required by City ordinance. f) As reasonably necessary, the Grantee shall relocate or adjust any Facilities located in the Right-of-way for a Public project upon 45-days written notice. Such relocation or adjustment shall be performed by the Grantee at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise pertaining to such. g) It shall be the sole responsibility of the Grantee to take adequate measures to protect and defend its facilities in the right-of-way from harm and damage. If the Grantee fails to accurately or timely locate facilities when requested, the Grantee has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee facilities. h) Except in the event of an emergency, the Grantee shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee shall erect and maintain signs and other devices as required by City ordinances, regulations and rules. i) All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations. j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law. k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
Use of Right-of-Way. In (A) Subject to the use of Town's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the rightRight-of-way under this Contract franchiseWay within the Town such wires, the Grantee shall be subject to all rulescables, regulationsconductors, policiesducts, resolutions conduits, vaults, manholes, amplifiers, pedestals, attachments and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power other property and is subject to all applicable laws, statutes, ordinances, orders, rules equipment as are necessary and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating appurtenant to the use operation of a Cable System within the rightTown. Grantee, through this Franchise, is granted extensive and valuable rights to operate its Cable System for profit using the Town's Right-of-wayWay in compliance with all applicable Town construction codes and procedures. As trustee for the public, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use Town is entitled to fair compensation as provided for in Section 3 of this Franchise to be paid for these valuable rights throughout the term of the rightFranchise.
(B) Grantee must follow Town established nondiscriminatory requirements for placement of Cable System facilities in Right-of-way and shall comply with Way, including the following:
a) The Grantee’s use specific location of facilities in the rightRight-of-way shall Way, and must in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the City. The Grantee shall coordinate the placement of its event install Cable System 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 impact or be impacted by such public improvement.
b) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee in its activities under this Contract franchise shall be fully repaired or replaced within a reasonable time by the Grantee at its sole expense and to the reasonable satisfaction of the City and the Grantee.
c) The Grantee shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq., as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate interference with the Grantee to safeguard such information. The Grantee agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions use of the Grantee, or of the City at the written request of the Grantee, in seeking to safeguard the confidentiality of information provided by the Grantee to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest of the City as set forth in City ordinances.
e) The Grantee shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. The Grantee shall designate an agent to provide the City with timely information when required by City ordinance.
f) As reasonably necessary, the Grantee shall relocate or adjust any Facilities located in the Right-of-way for a Public project upon 45-days written noticeWay by others, including others that may be installing communications facilities. Such relocation or adjustment shall be performed by the Grantee at its sole expense, without expense Within limits reasonably related to the CityTown’s role in protecting public health, its employeessafety and welfare, agentsthe Town may require that Cable System facilities be installed at a particular time, at a specific place or authorized contractors and shall be specifically subject in a particular manner as a condition of access to the rules and regulations of the City not inconsistent with this Contract franchise pertaining to such.
g) It shall be the sole responsibility of the Grantee to take adequate measures to protect and defend its facilities in the righta particular Right-of-way from harm Way; may deny access if Grantee is not willing to comply with Town's requirements; and damage. If may remove, or require removal of, any facility that is not installed by Grantee in compliance with the requirements established by the Town, or which is installed without prior Town approval of the time, place or manner of installation, and charge Grantee fails for all the costs associated with removal; and may require Grantee to accurately or timely locate facilities when requested, cooperate with others to minimize adverse impacts on the Grantee has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the rightRight-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee facilities.
h) Except in the event of an emergency, the Grantee shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee shall erect and maintain signs Way through joint trenching and other devices as required by City ordinances, regulations and rulesarrangements.
i) All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement
Use of Right-of-Way. In the use of the right-of-way under this Contract franchiseOrdinance, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
a(A) The Grantee’s Company's use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the Citypurposes. The Grantee Company shall coordinate the placement of its facilities in a manner that which 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 impact or be impacted by such public improvement.
b(B) Upon receipt and acceptance of a valid application for service, the Company shall, subject to its own economic feasibility criteria, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of City. No obligation shall extend to, or be binding upon, the Company to extend its facilities if the Company is, for any reason, unable to obtain and deliver an adequate energy supply.
(C) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee Company in its activities under this Contract franchise Ordinance shall be fully repaired or replaced within a reasonable time by the Grantee Company at its sole expense and to the reasonable satisfaction of the City and the GranteeCompany.
c(D) The Grantee Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee Company and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility Company and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.221 (12), (18), (45) as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee Company seven (7) days advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee Company to safeguard such information. The Grantee Company agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s 's fees, arising from the actions of the GranteeCompany, or of the City at the written request of the GranteeCompany, in seeking to safeguard the confidentiality of information provided by the Grantee Company to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee Company shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d(E) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee Company shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest interests of the City as set forth in City ordinancesthis Ordinance.
e(F) The Grantee Company shall cooperate promptly and fully with the City and take all reasonable measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, locations of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the GranteeCompany, without expense to the City, its employees, agents, or authorized contractors. The Grantee Company shall designate an agent to provide the City with timely information when required by City ordinancethis subsection.
f(G) As reasonably necessary, the Grantee Company shall remove and relocate or adjust any Facilities facilities located in the Rightright-of-way for a Public public project upon 45-days written noticewithin a reasonable time. Such relocation or adjustment shall be performed by the Grantee Company at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise Ordinance pertaining to such. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercising its authority under this section.
g(H) It shall be the sole responsibility of the Grantee Company to take adequate measures to protect and defend its facilities in the right-of-way from harm and damage. If the Grantee Company fails to accurately or timely locate facilities when requested, the Grantee Company has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee Company facilities.
h(I) Except in the event of an emergency, the Grantee Company shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee Company shall erect and maintain signs and other devices as required by City ordinances, regulations and rules.
i(J) All technical standards governing construction, reconstruction, installation, operation, testing testing, use, maintenance, and dismantling of the facilities in the right-of-of- way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
Use of Right-of-Way. In the use of the right-of-way under this Contract franchiseOrdinance, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
a(A) The Grantee’s Company's use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the Citypurposes. The Grantee 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 impact or be impacted by such public improvement.
b(B) Upon receipt and acceptance of a valid application for service, the Company shall, subject to its own economic feasibility criteria, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of City. No obligation shall extend to, or be binding upon, the Company to extend its facilities if the Company is, for any reason, unable to obtain and deliver an adequate energy supply.
(C) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee Company in its activities under this Contract franchise Ordinance shall be fully repaired or replaced within a reasonable time by the Grantee Company at its sole expense and to the reasonable satisfaction of the City and the GranteeCompany.
c(D) The Grantee Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee Company and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility Company and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.221 (12), (18), as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee Company seven (7) days advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee Company to safeguard such information. The Grantee Company agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s 's fees, arising from the actions of the GranteeCompany, or of the City at the written request of the GranteeCompany, in seeking to safeguard the confidentiality of information provided by the Grantee Company to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee Company shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d(E) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee Company shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest interests of the City as set forth in City ordinancesthis Ordinance.
e(F) The Grantee Company shall cooperate promptly and fully with the City and take all reasonable measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, locations of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the GranteeCompany, without expense to the City, its employees, agents, or authorized contractors. The Grantee Company shall designate an agent to provide the City with timely information when required by City ordinancethis subsection.
f(G) As reasonably necessary, the Grantee Company shall remove and relocate or adjust any Facilities facilities located in the Rightright-of-way for a Public public project upon 45-days written noticewithin a reasonable time. Such relocation or adjustment shall be performed by the Grantee Company at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise Ordinance pertaining to such. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercising its authority under this section.
g(H) It shall be the sole responsibility of the Grantee Company to take adequate measures to protect and defend its facilities in the right-of-way from harm and damage. If the Grantee Company fails to accurately or timely locate facilities when requested, the Grantee Company has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee Company facilities.
h(I) Except in the event of an emergency, the Grantee Company shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts Impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee Company shall erect and maintain signs and other devices as required by City ordinances, regulations and rules.
i(J) All technical standards governing construction, reconstruction, installation, operation, testing testing, use, maintenance, and dismantling of the facilities in the right-of-of- way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
Use of Right-of-Way. In the use of the right-of-way under this Contract franchiseOrdinance, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
a(A) The GranteeCompany’s use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and purposes. Nothing in this franchise ordinance shall be interpreted as a guarantee to the public health, safety and welfare requirements and regulations of Company that it may occupy or use a certain right-of-way which the CityCity determines is unreasonable for the use by the Company to use or occupy. The Grantee Company shall coordinate the placement of its facilities in a manner that which 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 impact or be impacted by such public improvement.
b(B) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee Company in its activities under this Contract franchise Ordinance shall be fully repaired or replaced within a reasonable time by the Grantee Company at its sole expense and to the reasonable satisfaction of the City and the GranteeCompany.
c(C) The Grantee Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee Company and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility Company and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.221 (12), (18), as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee Company seven (7) days advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee Company to safeguard such information. The Grantee Company agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s 's fees, arising from the actions of the GranteeCompany, or of the City at the written request of the GranteeCompany, in seeking to safeguard the confidentiality of information provided by the Grantee Company to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee Company shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d(D) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee Company shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest interests of the City as set forth in City ordinancesthis Ordinance.
e(E) The Grantee Company shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the GranteeCompany, without expense to the City, its employees, agents, or authorized contractors. The Grantee Company shall designate an the General Manager, Kaw Valley Electric, 0000 XX Xxxxxx Xxxx, X.X. Box 750640, Topeka, Kansas, 66675-0640 as its agent to provide the City with timely information when required by City ordinancethis subsection.
f(F) As reasonably necessary, the Grantee Company shall relocate or adjust any Facilities facilities located in the Rightright-of-way for a Public public project upon 45-days written noticewithin a reasonable time. Such relocation or adjustment shall be performed by the Grantee Company at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise Ordinance pertaining to such.
g(G) It shall be the sole responsibility of the Grantee Company to take adequate measures to protect and defend its facilities in the right-of-way from harm and damage. If the Grantee Company fails to accurately or timely locate facilities when requested, the Grantee Company has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee Company facilities.
h(H) Except in the event of an emergency, the Grantee Company shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee Company shall erect and maintain signs and other devices as required by City ordinances, regulations and rules.
i(I) All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance, and dismantling of the facilities in the right-of-of- way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) . The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days equipment of the City presenting Grantee Company shall be installed and maintained in accordance with a statement the current rules and regulations of such coststhe State Corporation Commission and all applicable electric codes and ordinances adopted by the City.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
Use of Right-of-Way. In the use of the right-of-way under this Contract franchiseOrdinance, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
a(A) The Grantee’s Company's use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the Citypurposes. The Grantee 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 impact or be impacted by such public improvement.
b(B) Upon receipt and acceptance of a valid application for service, the Company shall, subject to its own economic feasibility criteria, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of City. No obligation shall extend to, or be binding upon, the Company to extend its facilities if the Company is, for any reason, unable to obtain and deliver an adequate energy supply.
(C) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee Company in its activities under this Contract franchise Ordinance shall be fully repaired or replaced within a reasonable time by the Grantee Company at its sole expense and to the reasonable satisfaction of the City and the GranteeCompany.
c(D) The Grantee Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee Company and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility Company and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.221 (12), (18), as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee Company seven (7) days advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee Company to safeguard such information. The Grantee Company agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s 's fees, arising from the actions of the GranteeCompany, or of the City at the written request of the GranteeCompany, in seeking to safeguard the confidentiality of information provided by the Grantee Company to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee Company shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d(E) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee Company shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest interests of the City as set forth in City ordinancesthis Ordinance.
e(F) The Grantee Company shall cooperate promptly and fully with the City and take all reasonable measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, locations of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the GranteeCompany, without expense to the City, its employees, agents, or authorized contractors. The Grantee Company shall designate an agent to provide the City with timely information when required by City ordinancethis subsection.
f(G) As reasonably necessary, the Grantee Company shall remove and relocate or adjust any Facilities facilities located in the Rightright-of-way for a Public public project upon 45-days written noticewithin a reasonable time. Such relocation or adjustment shall be performed by the Grantee Company at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise Ordinance pertaining to such. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercising its authority under this section.
g(H) It shall be the sole responsibility of the Grantee Company to take adequate measures to protect and defend its facilities in the right-of-way from harm and damage. If the Grantee Company fails to accurately or timely locate facilities when requested, the Grantee Company has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee Company facilities.
h(I) Except in the event of an emergency, the Grantee Company shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts Impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee Company shall erect and maintain signs and other devices as required by City ordinances, regulations and rules.
i(J) All technical standards governing construction, reconstruction, installation, operation, testing testing, use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 1 contract
Samples: Franchise Agreement
Use of Right-of-Way. In the use of the right-of-way under this Contract franchiseOrdinance, the Grantee Telephone Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee Telephone Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
(a) The GranteeTelephone Company’s use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the Citypurposes. The Grantee Telephone Company shall coordinate the placement of its facilities in a manner that which 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 impact or be impacted by such public improvement. The Telephone Company agrees to cooperate with the City in the establishment of a City owned conduit along West 6th Street, between Wakarusa and K-10 which will provide for the location of all telecommunications and cable service underground facilities in this street corridor.
(b) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee Telephone Company in its activities under this Contract franchise Ordinance shall be fully repaired or replaced within a reasonable time by the Grantee Telephone Company at its sole expense and to the reasonable satisfaction of the City and the GranteeTelephone Company.
(c) The Grantee Telephone Company shall keep and maintain accurate records and as-built drawings depicting the accurate horizontal and vertical location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above location information regarding specific future project locations to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx Telephone Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee Telephone Company and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility Telephone Company and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.221 (12), (18), as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee Telephone Company seven (7) days advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee Telephone Company to safeguard such information. The Grantee Telephone Company agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions of the GranteeTelephone Company, or of the City at the written request of the GranteeTelephone Company, in seeking to safeguard the confidentiality of information provided by the Grantee Telephone Company to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee Telephone Company shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
(d) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee Telephone Company shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest interests of the City as set forth in City ordinancesthis Ordinance.
(e) The Grantee Telephone Company shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the GranteeTelephone Company, without expense to the City, its employees, agents, or authorized contractors. The Grantee Telephone Company shall designate an individual as its agent to provide the City with timely information when as required by City ordinancethis Ordinance.
(f) As reasonably necessary, the Grantee Telephone Company shall relocate or adjust any Facilities facilities located in the Rightright-of-way for a Public public project upon 45-days written noticewithin a reasonable time. Such relocation or adjustment shall be performed by the Grantee Telephone Company at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise Ordinance pertaining to such. The Telephone Company shall cooperate with the City in the location of facilities in such a manner as to reduce interference with the possible moving of large structures (e.g. relocated house structures, etc.) in the public right-of-way, this cooperation may include the requirement that certain public right-of-way corridors be designated by the City and that such corridors shall not include the location of Telephone Company facilities which are located in such a manner as to interfere with the moving of large structures in the right-of- way.
(g) It shall be the sole responsibility of the Grantee Telephone Company to take adequate measures to protect and defend its facilities in the right-of-way from harm and damage. If the Grantee Telephone Company fails to accurately or timely locate facilities when requested, the Grantee Telephone Company has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right-of-way, except to the extent such harm or damage is caused by such party's ’s negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee Telephone Company facilities.
(h) Except in the event of an emergency, the Grantee Telephone Company shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-of- way, the Grantee Telephone Company shall erect and maintain signs and other devices as required by City ordinances, regulations and rules.
(i) All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 1 contract
Samples: Franchise Agreement
Use of Right-of-Way. In (A) Subject to the use Town's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Right-of- Way within the Town such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the rightTown. Grantee, through this Franchise, is granted extensive and valuable rights to operate its Cable System for profit using the Town's Right-of-way under this Contract franchiseWay in compliance with all applicable Town construction codes and procedures. As trustee for the public, the Grantee shall be subject Town is entitled to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City fair compensation as provided for in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition Section 3 of this Contract franchise, Grantee is required Franchise to obtain and is responsible be paid for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, these valuable rights throughout the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use term of the rightFranchise.
(B) Grantee must follow Town established nondiscriminatory requirements for placement of Cable System facilities in Right-of-wayWay, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use specific location of facilities in the rightRight-of-way Way, and shall comply with the following:
a) The Grantee’s use of the right-of-way shall must in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the City. The Grantee shall coordinate the placement of its event install Cable System 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 impact or be impacted by such public improvement.
b) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee in its activities under this Contract franchise shall be fully repaired or replaced within a reasonable time by the Grantee at its sole expense and to the reasonable satisfaction of the City and the Grantee.
c) The Grantee shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq., as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate interference with the Grantee to safeguard such information. The Grantee agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions use of the Grantee, or of the City at the written request of the Grantee, in seeking to safeguard the confidentiality of information provided by the Grantee to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest of the City as set forth in City ordinances.
e) The Grantee shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. The Grantee shall designate an agent to provide the City with timely information when required by City ordinance.
f) As reasonably necessary, the Grantee shall relocate or adjust any Facilities located in the Right-of-way for a Public project upon 45-days written noticeWay by others, including others that may be installing communications facilities. Such relocation or adjustment shall be performed by the Grantee at its sole expense, without expense Within limits reasonably related to the CityTown’s role in protecting public health, its employeessafety and welfare, agentsthe Town may require that Cable System facilities be installed at a particular time, at a specific place or authorized contractors and shall be specifically subject in a particular manner as a condition of access to the rules and regulations of the City not inconsistent with this Contract franchise pertaining to such.
g) It shall be the sole responsibility of the Grantee to take adequate measures to protect and defend its facilities in the righta particular Right-of-way from harm Way; may deny access if Grantee is not willing to comply with Town's requirements; and damage. If may remove, or require removal of, any facility that is not installed by Grantee in compliance with the requirements established by the Town, or which is installed without prior Town approval of the time, place or manner of installation, and charge Grantee fails for all the costs associated with removal; and may require Grantee to accurately or timely locate facilities when requested, cooperate with others to minimize adverse impacts on the Grantee has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the rightRight-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee facilities.
h) Except in the event of an emergency, the Grantee shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee shall erect and maintain signs Way through joint trenching and other devices as required by City ordinances, regulations and rulesarrangements.
i) All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 1 contract
Samples: Cable Franchise Agreement
Use of Right-of-Way. In the use of the rightRight-of-way under this Contract franchiseOrdinance, the Grantee shall be subject to all rulesapplicable local, state and federal law and regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
(a) The Grantee’s use of the rightRight-of-way shall in all matters be subject and subordinate to the City's ’s use of the rightRight-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the Citypurposes. The Grantee shall coordinate the placement of its facilities Facilities in a manner that which minimizes adverse impact on public Public improvements, as reasonably determined by the City. Where placement is not otherwise regulated, the facilities Facilities shall be placed with adequate clearance from such public Public improvements so as not to impact or be impacted by such public improvement.
(b) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged damaged, or removed by the Grantee in its activities under this Contract franchise Ordinance shall be fully repaired or replaced within a reasonable time by the Grantee at its sole expense and to the reasonable satisfaction of the City and the Grantee.
(c) The Grantee shall keep and maintain accurate records and as-built drawings depicting the accurate horizontal and vertical location of all facilities constructed, reconstructed, or relocated in the rightRight-of-way after the date hereof and provide the above location information regarding specific future project locations to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection section only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility Grantee and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.221 (12), (18), as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee seven days advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee to safeguard such information. The Grantee agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions of the Grantee, or of the City at the written request of the Grantee, in seeking to safeguard the confidentiality of information provided by the Grantee to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
(d) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the rightRight-of-way, the Grantee shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest interests of the City as set forth in City ordinancesthis Ordinance.
(e) The Grantee shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities Facilities located within rightRight-of-way when requested by the City or its authorized agents for a public Public project. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. The Grantee shall designate an agent to provide the City with timely information when required by City ordinance.
(f) As reasonably necessary, the Grantee shall relocate or adjust any Facilities located in the Right-of-way for a Public project upon 45-days written noticewithin a reasonable time. Such relocation or adjustment shall be performed by the Grantee at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise Ordinance pertaining to such. The Grantee shall cooperate with all private citizens and businesses requiring the Grantee to move Facilities. For projects which are not Public improvements, Grantee may charge reasonable fees for the temporary removal of Facilities according to a written schedule established by the Grantee.
(g) It shall be the sole primary responsibility of the Grantee to take adequate measures to protect and defend its facilities Facilities in the rightRight-of-way from harm and damage. If the Grantee fails to accurately or timely locate facilities Facilities when requested, the Grantee has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the rightRight-of-way, except to the extent such harm or damage is caused by such party's ’s negligent or intentional conduct. The City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee facilitiesGrantee’s Facilities.
(h) Except in the event of an emergency, the Grantee shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities Facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the rightRight-of-way, the Grantee shall erect and maintain signs and other devices as required by City ordinancesOrdinances, regulations and rules.
(i) All technical standards governing construction, reconstruction, installation, operation, testing testing, use, maintenance, maintenance and dismantling of the facilities Facilities in the rightRight-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 1 contract
Samples: Franchise Agreement
Use of Right-of-Way. In the use of the right-of-way under this Contract franchiseOrdinance, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
a(A) The GranteeCompany’s use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and purposes. Nothing in this franchise ordinance shall be interpreted as a guarantee to the public health, safety and welfare requirements and regulations of Company that it may occupy or use a certain right-of-way which the CityCity determines is unreasonable for the use by the Company to use or occupy. The Grantee Company shall coordinate the placement of its facilities in a manner that which 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 impact or be impacted by such public improvement.
b(B) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee Company in its activities under this Contract franchise Ordinance shall be fully repaired or replaced within a reasonable time by the Grantee Company at its sole expense and to the reasonable satisfaction of the City and the GranteeCompany.
c(C) The Grantee Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee Company and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility Company and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.221 (12), (18), as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee Company seven (7) days advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee Company to safeguard such information. The Grantee Company agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s 's fees, arising from the actions of the GranteeCompany, or of the City at the written request of the GranteeCompany, in seeking to safeguard the confidentiality of information provided by the Grantee Company to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee Company shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d(D) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee Company shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest interests of the City as set forth in City ordinancesthis Ordinance.
e(E) The Grantee Company shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the GranteeCompany, without expense to the City, its employees, agents, or authorized contractors. The Grantee Company shall designate an the General Manager, Kaw Valley Electric, 0000 XX Xxxxxx Xxxx, X.X. Box 750640, Topeka, Kansas, 66675-0640 as its agent to provide the City with timely information when required by City ordinancethis subsection.
f(F) As reasonably necessary, the Grantee Company shall relocate or adjust any Facilities facilities located in the Rightright-of-way for a Public public project upon 45-days written noticewithin a reasonable time. Such relocation or adjustment shall be performed by the Grantee Company at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise Ordinance pertaining to such.
g(G) It shall be the sole responsibility of the Grantee Company to take adequate measures to protect and defend its facilities in the right-of-way from harm and damage. If the Grantee Company fails to accurately or timely locate facilities when requested, the Grantee Company has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee Company facilities.
h(H) Except in the event of an emergency, the Grantee Company shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee Company shall erect and maintain signs and other devices as required by City ordinances, regulations and rules.
i(I) All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) . The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days equipment of the City presenting Grantee Company shall be installed and maintained in accordance with a statement the current rules and regulations of such coststhe State Corporation Commission and all applicable electric codes and ordinances adopted by the City.
Appears in 1 contract
Samples: Franchise Agreement
Use of Right-of-Way. In the use of the right-of-way under this Contract franchiseOrdinance, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee Company shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
a(A) The Grantee’s Company's use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the Citypurposes. The Grantee Company shall coordinate the placement of its facilities in a manner that which 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 impact or be impacted by such public improvement.
b(B) Upon receipt and acceptance of a valid application for service, the Company shall, subject to its own economic feasibility criteria, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of City. No obligation shall extend to, or be binding upon, the Company to extend its facilities if the Company is, for any reason, unable to obtain and deliver an adequate energy supply.
(C) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee Company in its activities under this Contract franchise Ordinance shall be fully repaired or replaced within a reasonable time by the Grantee Company at its sole expense and to the reasonable satisfaction of the City and the GranteeCompany.
c(D) The Grantee Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee Company and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility Company and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.221 (12), (18), as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee Company seven (7) days advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Grantee Company to safeguard such information. The Grantee Company agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s 's fees, arising from the actions of the GranteeCompany, or of the City at the written request of the GranteeCompany, in seeking to safeguard the confidentiality of information provided by the Grantee Company to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee Company shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d(E) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee Company shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest interests of the City as set forth in City ordinancesthis Ordinance.
e(F) The Grantee Company shall cooperate promptly and fully with the City and take all reasonable measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, locations of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the GranteeCompany, without expense to the City, its employees, agents, or authorized contractors. The Grantee Company shall designate an agent to provide the City with timely information when required by City ordinancethis subsection.
f(G) As reasonably necessary, the Grantee Company shall remove and relocate or adjust any Facilities facilities located in the Rightright-of-way for a Public public project upon 45-days written noticewithin a reasonable time. Such relocation or adjustment shall be performed by the Grantee Company at its sole expense, without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to the rules and regulations of the City not inconsistent with this Contract franchise Ordinance pertaining to such. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercising its authority under this section.
g(H) It shall be the sole responsibility of the Grantee Company to take adequate measures to protect and defend its facilities in the right-of-way from harm and damage. If the Grantee Company fails to accurately or timely locate facilities when requested, the Grantee Company has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the right-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee Company facilities.
h(I) Except in the event of an emergency, the Grantee Company shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee Company shall erect and maintain signs and other devices as required by City ordinances, regulations and rules.
i(J) All technical standards governing construction, reconstruction, installation, operation, testing testing, use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 1 contract
Samples: Franchise Agreement
Use of Right-of-Way. In (A) Subject to the use of District's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the rightRight-of-way under this Contract franchiseWay within the District such wires, the Grantee shall be subject to all rulescables, regulationsconductors, policiesducts, resolutions conduits, vaults, manholes, amplifiers, pedestals, attachments and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power other property and is subject to all applicable laws, statutes, ordinances, orders, rules equipment as are necessary and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating appurtenant to the use operation of a Cable System within the rightDistrict. Grantee, through this License, is granted extensive and valuable rights to operate its Cable System for profit using the District's Right-of-wayWay in compliance with all applicable District construction codes and procedures. As trustee for the public, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use District is entitled to fair compensation as provided for in Section 3 of this License to be paid for these valuable rights throughout the term of the rightLicense.
(B) Grantee must follow District established nondiscriminatory requirements for placement of Cable System facilities in Right-of-way and shall comply with Way, including the following:
a) The Grantee’s use specific location of facilities in the rightRight-of-way shall Way, and must in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the City. The Grantee shall coordinate the placement of its event install Cable System 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 impact or be impacted by such public improvement.
b) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee in its activities under this Contract franchise shall be fully repaired or replaced within a reasonable time by the Grantee at its sole expense and to the reasonable satisfaction of the City and the Grantee.
c) The Grantee shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq., as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate interference with the Grantee to safeguard such information. The Grantee agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions use of the Grantee, or of the City at the written request of the Grantee, in seeking to safeguard the confidentiality of information provided by the Grantee to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest of the City as set forth in City ordinances.
e) The Grantee shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. The Grantee shall designate an agent to provide the City with timely information when required by City ordinance.
f) As reasonably necessary, the Grantee shall relocate or adjust any Facilities located in the Right-of-way for a Public project upon 45-days written noticeWay by others, including others that may be installing communications facilities. Such relocation or adjustment shall be performed by the Grantee at its sole expense, without expense Within limits reasonably related to the CityDistrict’s role in protecting public health, its employeessafety and welfare, agentsthe District may require that Cable System facilities be installed at a particular time, at a specific place or authorized contractors and shall be specifically subject in a particular manner as a condition of access to the rules and regulations of the City not inconsistent with this Contract franchise pertaining to such.
g) It shall be the sole responsibility of the Grantee to take adequate measures to protect and defend its facilities in the righta particular Right-of-way from harm Way; may deny access if Grantee is not willing to comply with District's requirements; and damage. If may remove, or require removal of, any facility that is not installed by Grantee in compliance with the requirements established by the District, or which is installed without prior District approval of the time, place or manner of installation, and charge Grantee fails for all the costs associated with removal; and may require Grantee to accurately or timely locate facilities when requested, cooperate with others to minimize adverse impacts on the Grantee has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the rightRight-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee facilities.
h) Except in the event of an emergency, the Grantee shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee shall erect and maintain signs Way through joint trenching and other devices as required by City ordinances, regulations and rulesarrangements.
i) All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 1 contract
Samples: Cable Television License Agreement
Use of Right-of-Way. In
(A) Subject to the use Town's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Right-of- Way within the Town such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the rightTown. Grantee, through this Franchise, is granted extensive and valuable rights to operate its Cable System for profit using the Town's Right-of-way under this Contract franchiseWay in compliance with all applicable Town construction codes and procedures. As trustee for the public, the Grantee shall be subject Town is entitled to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City fair compensation as provided for in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition Section 3 of this Contract franchise, Grantee is required Franchise to obtain and is responsible be paid for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, these valuable rights throughout the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use term of the rightFranchise.
(B) Grantee must follow Town established nondiscriminatory requirements for placement of Cable System facilities in Right-of-wayWay, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use specific location of facilities in the rightRight-of-way Way, and shall comply with the following:
a) The Grantee’s use of the right-of-way shall must in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the City. The Grantee shall coordinate the placement of its event install Cable System 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 impact or be impacted by such public improvement.
b) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee in its activities under this Contract franchise shall be fully repaired or replaced within a reasonable time by the Grantee at its sole expense and to the reasonable satisfaction of the City and the Grantee.
c) The Grantee shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof and provide the above information to the City upon request. Where such information is available electronically, upon request from the City, Xxxxxxx agrees to provide such information in an electronic format. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. City agrees to use information obtained pursuant to this subsection only to locate utility facilities in connection with municipal projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with municipal projects, except as required by law. Grantee and the City agree that such information is confidential and proprietary and agree that such information shall remain the sole property of the Investor owned utility and agree that pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq., as amended, such information does not constitute public records subject to K.S.A. 45-218, as amended. In the event that the City is required by law to disclose such information, the City shall provide the Grantee advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate interference with the Grantee to safeguard such information. The Grantee agrees to indemnify and hold the City harmless from any and all penalties or costs, including attorney’s fees, arising from the actions use of the Grantee, or of the City at the written request of the Grantee, in seeking to safeguard the confidentiality of information provided by the Grantee to the City under this section. In the event such information is required by force of law to be publicly disclosed, the Grantee shall have no further obligation under this section to provide the City with such information. Such facilities shall be horizontally and vertically located at least every 100 feet and at any other alignment change. All points of facilities shall be horizontally located from street centerline or section or quarter section lines or corners. Vertical locations or all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum.
d) Except in cases of an emergency, a minimum of fourteen (14) days prior to construction, reconstruction or relocation of any facilities in the right-of-way, the Grantee shall submit to the City Engineer, or her or his designee, for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed or conditioned. City review shall only concern matters related to the interest of the City as set forth in City ordinances.
e) The Grantee shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of its facilities located within right-of-way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the Grantee, without expense to the City, its employees, agents, or authorized contractors. The Grantee shall designate an agent to provide the City with timely information when required by City ordinance.
f) As reasonably necessary, the Grantee shall relocate or adjust any Facilities located in the Right-of-way for a Public project upon 45-days written noticeWay by others, including others that may be installing communications facilities. Such relocation or adjustment shall be performed by the Grantee at its sole expense, without expense Within limits reasonably related to the CityTown’s role in protecting public health, its employeessafety and welfare, agentsthe Town may require that Cable System facilities be installed at a particular time, at a specific place or authorized contractors and shall be specifically subject in a particular manner as a condition of access to the rules and regulations of the City not inconsistent with this Contract franchise pertaining to such.
g) It shall be the sole responsibility of the Grantee to take adequate measures to protect and defend its facilities in the righta particular Right-of-way from harm Way; may deny access if Grantee is not willing to comply with Town's requirements; and damage. If may remove, or require removal of, any facility that is not installed by Grantee in compliance with the requirements established by the Town, or which is installed without prior Town approval of the time, place or manner of installation, and charge Grantee fails for all the costs associated with removal; and may require Grantee to accurately or timely locate facilities when requested, cooperate with others to minimize adverse impacts on the Grantee has no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the rightRight-of-way, except to the extent such harm or damage is caused by such party's negligent or intentional conduct. City and its authorized contractors agree to take reasonable precautionary measures, including, but not limited to, calling for utility locations and observing marker posts, when working near Grantee facilities.
h) Except in the event of an emergency, the Grantee shall notify the City not less than ten (10) days in advance of any construction, reconstruction, repair or relocation of facilities which would require any street closure which reduces traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the grant or denial of such authority, which shall not be unreasonably delayed. Except in the event of an emergency, no such closure shall take place without such notice and prior authorization from the City. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work within the right-of-way, the Grantee shall erect and maintain signs Way through joint trenching and other devices as required by City ordinances, regulations and rulesarrangements.
i) All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance, and dismantling of the facilities in the right-of-way shall be in accordance with applicable present and future federal, state and City law and regulations.
j) The city shall have the authority to prohibit the Grantee’s use or occupation of a specific portion of Public right-of-way that is environmentally sensitive as defined by state or federal law or lies within a previously designated historic district as defined by local, state or federal law.
k) Signs/Graffiti. Grantee shall not place signs or advertising signs, except safety-related signage, on their Facilities or appurtenances thereto or in the Public right-of-way. Grantee shall remove graffiti, if any, every 90 days. City may, upon 30 days prior written notice to Grantee, undertake any activities necessary to xxxxx or remove graffiti located therein which has not been removed within said 90 day period. Grantee shall reimburse City all costs incurred by City in connection with such abatement or removal within 30 days of the City presenting Grantee with a statement of such costs.
Appears in 1 contract
Samples: Cable Franchise Agreement
