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NS-2297
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Last modified
1/3/2012 1:02:28 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2297
Date
9/3/1996
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2.26 "Ricochet" means Ricochet MicroCellular Network, a <br />digital wireless communications microcellular radio network owned <br />and operated by Metricom. <br /> <br /> 1.17 "Services" means the wireless communications services <br />provided through Ricochet by Metricom. <br /> <br />2 · TERM. <br /> <br /> 2.1 This Franchise shall be for a term of three (3) years, <br />unless it is earlier terminated by the City in accordance with the <br />provisions herein, and shall commence on the "Effective Date". <br />This Franchise shall automatically be renewed for four (4) <br />successive (3) three-year terms by Metricom on the same terms and <br />conditions as set forth herein unless Metricom notifies City of its <br />intention not to renew prior to commencement of a succeeding <br />renewal term. <br /> <br />3. SCOPE OF FRANCHISE. <br /> <br /> 3.1 Any and all rights expressly granted to Metricom under <br />this Franchise, which shall be exercised at Metricom's sole cost <br />and expense, shall be subject to the prior and continuing right of <br />the City under applicable Laws to use any and all parts of the <br />Public Right-of-Way only, exclusively or concurrently, with any <br />other Person or Persons, and further shall be subject to all deeds, <br />easements, dedications, conditions, covenants, restrictions, <br />encumbrances and claims of title which may affect the Public Right- <br />of-Way. Nothing in this Franchise shall be deemed to grant, <br />convey, create, or vest a perpetual real property interest in land <br />in Metricom, including any fee or leasehold interest, easement, or <br />any franchise rights. <br /> <br /> 3.2 The City hereby authorizes and permits Metricom to <br />attach, install, operate, maintain, remove, reattach, reinstall, <br />relocate, and replace Radios in or on City street light poles, <br />lighting fixtures, and electroliers, within the Public Right-of-Way <br />for the purposes of providing Services to Persons located within or <br />without the limits of the City. Any work performed pursuant to the <br />rights granted under this Franchise may, at the City's option, be <br />subject to the prior review and approval of the city. During the <br />term of this Franchise, the location of each Radio installed by <br />Metricom or its designee shall be disclosed, in writing, to the <br />city by Metricom within ten (10) days after its installation, <br />removal, or relocation. <br /> <br /> 3.3 The City hereby authorizes and permits Metricom to <br />attach, install, operate, maintain, remove, reattach, reinstall, <br />relocate, and replace such number of Radios in or on poles or other <br />structures owned by public utility companies or other property <br />owners located within the Public Right-of-Way as may be permitted <br /> <br /> <br />
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