Res 2001-090 - Laserfiche WebLink

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Section 9.02. If the City receives Permit applications for Attachments to the same Pole from the Licensee and any Other Licensee within 30 days of one another, and accommodating their respective requests would require replacement or modification of the Pole, or rearrangement of existing Attachments, the City will endeavor to allocate the costs associated with the replacement or rearrangement among the applicants equitably. Section 9.03. The Licensee will pay for the cost of any replacing, strengthening, reinforcing or stabilizing of Poles, including the use of guying, determined by the City to be necessary to accommodate the Licensee's Attachments. Section 9.04. If, in replacing a Pole or rearranging Attachments on a Pole to accommodate the Licensee's Attachments, it becomes necessary to cut or trim any trees to clear the new location of the City Facilities, the Licensee will pay the cost of the tree cutting or trimming. During storm restoration activities, tree removal costs will be shared equally among all entities having Attachments to Poles in the vicinity of the affected trees. Section 9.05. The costs for any rearrangement, relocation and removal of facilities of the City, the Licensee and Other Licensees on a Pole will be allocated to the City, the Licensee and Other Licensees on the following basis: A. If any Attaching Entity, including the City, seeks to make an additional Attachment or modify an existing Attachment, and the action requires the rearrangement, relocation or removal of existing facilities or the replacement of a Pole, the Attaching Entity will bear the entire cost of the rearrangement, relocation or removal of the existing facilities on the Pole, as well as the costs of any new Pole required. In such cases where the City is reclaiming Reserved Space, however, the City will not be responsible for the cost of relocation, rearrangement or removal of existing facilities of other Attaching Entities. B. In cases where a Pole is replaced for maintenance reasons, each Attaching Entity will bear the cost for the transfer of its Attachments, in accordance with Article 8. C. In all other cases, where the rearrangement, relocation or removal of facilities is necessitated by an event that is independent of any particular party, the City will allocate the costs of any rearrangement, relocation and removal of Attachments equitably among all the Attaching Entities. Section 9.06. If the City intends to modify a Pole in a manner that affects the Licensee's Attachments on the Pole, the City will provide the Licensee with 30 days written notice before making the modification to provide the Licensee an opportunity to modify or add to its existing Attachment. This notice requirement will not apply to routine maintenance or emergency situations. If the Licensee adds to or modifies the Licensee's Facilities, the Licensee will bear a portion of the costs incurred by the City, as reasonably determined by the City, in making the space on the Pole available to the Licensee. 10 C:\TEMP\Fiber America pole att.doc