Ord 2012-032 - Laserfiche WebLink

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6.2 In addition to the consideration set forth herein, PEC shall permit the City to use PEC'S existing facilities in accordance with the terms and conditions of the Master Pole Attachment Agreement between the City and PEC, effective March 1, 2009, as it may be amended or extended from time to time. 6.3 To the extent the Master Pole Attachment Agreement does not include the following uses, PEC agrees to accommodate traffic, signal, police and fire alarm systems, and Communication Gateways for Smartgrid /AMI referred as "City Purposes" when PEC constructs any new facilities, or when PEC upgrades existing facilities during scheduled maintenance activities. PEC shall provide space on existing facilities and those to be constructed in the Public Rights -of -Way for the City to attach for City Purposes pursuant to the Master Pole Attachment Agreement. City Purposes shall not include revenue producing or commercial access telecommunications systems, including, but not limited to fiber optics and cable television systems. SECTION 7. Relocation of facilities 7.1 PEC shall comply with CHAPTER 74, ARTICLE 4 OF THE CITY OF SAN MARCOS CODE OF ORDINANCES, as amended where relocation of PEC facilities located within the Public Right -of -Way are required for the construction, operation, repair, maintenance, or installation of a City facility or to accommodate street construction or widening or other public improvement projects or other purposes ( "Governmental Purposes "). 7.2 If the City, for any Governmental Purposes, requires any of the System be shifted, or relocated to a new position in a Public Way, such portion of the System shall be so removed shifted or relocated by PEC at PEC's expense. PEC shall have the right to present alternative proposals for the City's consideration if such shifting or relocation of PEC'S System would result in $10,000 or more in costs to PEC, and City shall give such alternative proposals reasonable consideration but shall not be obligated to accept any alternative proposals. 7.3 In the event that City requires PEC to remove or relocate its facilities in the Public Rights -of -Way for Governmental Purposes, and PEC is eligible under federal, state, county, local, or other programs for reimbursement of costs and expenses incurred by PEC as a result of such removal or relocation, and such reimbursement is required to be handled through City, if PEC submits its cost and expense documentation to City prior to the filing of the application, then City agrees to submit PEC'S application for reimbursement. City shall provide reasonable notice to PEC of the deadline for PEC to submit documentation of the costs and expenses of such relocation to City. 7.4 Schedules for the work contemplated in Section 7.1 shall be developed by a designated representative(s) of PEC and the City. If such representatives cannot agree on the schedule, the City Manager, after consultation with PEC shall establish a schedule. PEC E