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1992-068-RES WHEREAS, the City of Paris is in need of pole space to connect City Hall with the Police and Courts
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1992-068-RES WHEREAS, the City of Paris is in need of pole space to connect City Hall with the Police and Courts
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8/18/2006 4:33:04 PM
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4/11/2005 3:46:37 AM
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CITY CLERK
Doc Name
1992
Doc Type
Resolution
CITY CLERK - Date
8/10/1992
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<br />@ SouthweetIIm Bel1ilIep. <br /> <br />! <br /> <br />SW-94J2 <br />(Rev. 1-91) <br /> <br />Applicant further agrees to designate a desired priority of completion oC tbe preHcense survey and make-ready work for eacb <br />application relative to all other at its applications on file witb Telco at the same time. <br /> <br />VII. MAKE-READY WORK <br /> <br />A. When a.n application for attul:1menl to pole. anchor or utilization of an anc:hor/guy is submitted by Applicant. a prelicense survey <br />will be required to determine the existing adequacy ot the pole. anchor and lor guy to accommodl.te Applicant's facilities. <br />Utili.z.a.tioQ of the existing available capacity of a pole anchoriguy strand. when such utilization does not result in a reduction of tbe <br />holding capacity below the level normally required by Ihe Telco for safety or otber purposes will be pennitted 1.1 the option of lhe <br />Telco and upon agreement of the Applicant to payment of the cbarges as specirled in APPENDIX I. Failure to pay all Cees and <br />cbarges within 30 days after presentment oC the bill therefore or on the specified Payment date whichever is later, shall constitute a <br />default of this Agreement. <br />B. Telco reserves the right to refuse to process any application for anachment or utilization until all fees and charges due Telco under <br />this Agreement or any other agreement with Applicant are paid in full or are subject to a genuine dispute the resolution of wb.icb is <br />pending in a court or agency of competent jurisdiction. <br />C. The field inspection portion of the prelicense survey. which requires the visual inspection of existing poles. ancbors and guy <br />strands, may be performed by the Telco or Applicant (with optional participation by joint user and/or Telco). The administrative <br />processing portion of the prelicense survey. which includes the processing of the application, Ihe preparation of the make-ready <br />work orders. the coordination of work requirements and schedules with joint users and other anachees and the random field <br />verification of field inspection resuJts data developed and furnished to the Telco by the Applicant will be performed by the Telco. <br />1. When tbe Telco performs any ponion of the prelicense survey, the Telco will advise the Applicant in writing of the eSlimated <br />charges that wilJ apply and receive advance payment and authorization Cram the Applicant before undertaking any portion of <br />the prelicense survey (APPENDIX III, Form SW-94J4). <br />2. When the Applicant perCorms the field portion of the prelicense survey the field inspection results data wiJ1 be furnished to the <br />Telco in a format specified by the Telco and according to standards of accuracy and completeness satisfactory to the Telco. In <br />view of Telco's common canier obligations to maintain safe and adequate service, Telco retains the right to redo the field <br />inspection portion of the prelicense survey if in the sole judgement of the Telco the data fumshed by Applicant does not comply <br />with the performance standards as prescribed in Parl.craph IV, A. The Applicant shaH pay the Telco the total expense <br />incurred by the Telco for redoing any part or all o( the field inspection. <br />D. Applicant shall notify Telco whenever it is necessary for Telco to reananae facilities on stNctures owned by a third party to <br />accommodate Applicant. The cost of such work will be included in the make-ready work for which Applicant will pay Telco. <br />E. Telco reserves the right to grant, deny, or refuse a license for attachments to its pole, ancbor, or utilization of an anchor/guy strand <br />when Telco determines that the available capacity on such pole, anchor, and/or strand is required (or its exclusive present or future <br />use or that of a joint user or governmental entity with pole attachment rights and that the pole, anchor or guy strand may not be <br />reasonably rearranged or replaced to accommodate Applicant facilities. <br />F. In the event Telco determines that it will permit attachment to poles and/or a.nchors that are inadequate or otherwise need <br />reartaDaements of .he existing facilities thereon to accommodate the Appllcant facilities, Telco will advise the Applicant in writing <br />of the estimated make-ready charaes that willl.pply (Appendix III. Form SW-9434). <br />Q. Applicant shall have 60 days from the receipt o( Form SW94J4 to execute and return it to Telco authorizing the completion o( the <br />required make-ready work and a.cceptina the resulting charaes. However. if Telco receives a request form from an additional <br />applicant for attachment to a pole or anchor. or utilization of an anchor/guy strand for which a Form. SW-9434 has been sent to an <br />initial Applicant. lbe initial Applicant must authorize completion of the pendinl make-ready work and resulting charles within 1 S <br />days aCter receipt of written notification from Telco o( the additional attachment request or until the end of tbe aforementioned 60 <br />day notification period, which ever period. of time is shorter. If said Form SW-9434 is not returned within the required 60 days. the <br />application to which it pen&ins will be automatically canceUed by Telco witbout written notice to Applicant. <br />H. Make-ready wort will be performed by the Telco foUowinl receipt of the requited written authorization and advance payment from <br />the Applicant. Applicant shall pay the Telco for aU make-ready wort completed in accordance with the provisions of this <br />Aareement and Applicant shall mak_ arranlements with the owners of other facilities attached to such poles and/or anehors <br />reprdina reimbursement for any expense incurred by tbem in transferrtDa or rearranatn, their facilities to make such attachment <br />accommodations ava.ilable. Appllca.a.t shall not be entitled. to any monies paid to the Telco for pole, anchor or illY strand <br />replacements or (or rearranlemenu of (acllUes on a pole or anchor by reason of the use by the Telco, joint user, lovernmental <br />entily or other authorized Applicants of any additional capacity resultlna from such replacement or reananlemenl. <br />I. Should Telco. joint Uler or governmental entity bavina pol.. anchor or anchor/auy strand accommodation ri&hu, for its own <br />service requirements. need to attach additional facilities to uy of the poles or anchon to whicb Applicant is attached ,or avail itself <br />o( the hoJdinl capacity o( an ancbor/IllY stJ'lJJd beina utilized by the Applicant. Applicant will either rearranle its facilities on the <br />pole or ancbor or tresfer them to a replacement pole or ancbor. as determined by Telco so tbat the additional facWtes of Telco, <br />joint user or iovernmental entity may be accommo4ated. If Applicant does not reanan,e or transfer its communications facilities <br />within 60 days after receipt o( written notice from Telco requestina such rearranaement or transfer. Telco or joint user may perform <br />or have performed sucb reanangement or tr&DS(~r at Applicant's expense anct Telco sball be indemnifiect by Applicant (or such <br />work in accorctance with Artice XIII. PUl.graph 0 of this Aareemenl. <br />J. Whenever it is necessary for Telco to replace its pole to accommodate Appllcant's facilities. Telco may. at its discretion. grant <br />Applicant tbe oplion. where "nuihlt! and aec:.~lahle 10 ioinl uu!', to become tbe owner of the pole and its associated guys and/or <br />anchors. upon payment of all replacement costs. The charle for replacement oC a. pole. anchor or guy shnd required to <br />accommodate Applicant's communications (acilities, in accordance with Article VII. Paragraph 1, shall be based on Telco's fuJly <br />installed costs less salvale value. if any. (Priority would be given to local Joint Use Alle.ment.) This option is subject to the <br />further conditions that: <br />1. Applicant Ifants Telco and any existinl joint user or authorized auachee the richl to auach their respective facilities 10 such <br />replacement pole and/or associaled anchor upon the same terms and condltjollJ u set fonh in this Acreement. and. <br />2. tbat any 10vemmentaJ entity havtnl auachment ri&llts to said pole and/or auociated &.Dcbor shall be graDted similar <br />attachment rilhts under tbe same terms and conditiollS as apply to tbe pole beina replaced. <br /> <br />Page 3 of 8 <br />
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