R2007-94 AUTHORIZING AGREEMENT - Laserfiche WebLink

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1.1 AT&T agrees that it must locate its equipment in the ROW so as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways. No fixtures shall be placed in any public ways in such a manner to interfere with the usual travel on such public ways. In addition, AT&T may enter private property only as permitted by the owner of such private property for the purpose of constructing, operating, maintaining, repairing, and upgrading facilities. 1.2 AT&T agrees that no fixtures or equipment shall be placed in any public ways so as to interfere with usual travel on, ar maintenance of, such public ways, nor shall such fixtures or equipment limit the visibility of vehicular and/or pedestrian traffic. 1.3 AT&T shall comply with the lawful application of all applicable provisions of the City Code, state and federal ]aw with respect to the location aud screening of AT&T's equipment and facilities in the ROW on a case-by-case basis. In initially constructing or upgrading its IP Network facilities in the ROW, AT&T shall use the smallest equipment enclosures (IP video cross connect boxes) and power pedestals and cabinets then in use by, or available for use by, AT&T or any AT&T Affiliate. If the location selected by AT&T for a specific cabinet raises a reasonable public health, safety, and welfare concern, the City and AT&T agree to work together to identify alternative locations, if available, that satisfy any technical specifications or limitations of the facilities or equipment to be placed in the ROW and that are acceptable to the ', City. 1.4 AT&T shall, at a minimum, comply with the same terms and conditions as are , applicable under its existing authorizations for AT&T's facilities and equipment in the ROW ' with respect to all work involved in the construction, maintenance, repair and upgrade of the IP Network. Nothing in this Agreement shall in any way reduce the City's authority over the ROW to the maximum extent permitted under the City Code and state and federal law. 1.5 The City agrees to subject the construction and installation of the IP Network to the same process and review as its subjects the installation and construction of AT&T's existing telecommunications infrastructure consistent with applicable provisions of the City Code, state and federal law. AT&T shall also comply with the AT&T construction guidelines attached hereto as Appendix D. The Municipality agrees not to unreasonably block, restrict or limit the construction and installation of the IP Network consistent with the terms of this Agreement and applicable law. 1.6 In accordance with the , the City agrees to process any and all applicable permits for the installation, construction, maintenance, repair, removal, and other activities associated with the IP Network in a timely manner consistent with Chapter 37 of the . 1.7 AT&T shall, at a minimum and except as otherwise provided herein, comply with the same terms and conditions as are applicable under its existing authorizations for AT&T's facilities and equipment in the ROW with respect to all work involved in the construction, maintenance, repair and upgrade of the IP Network.