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19860916 1986-41 ORDINANCE NO. 1986-41 AN ORDINANCE TO PROVIDE FOR A GRANT OF EASEMENTS FOR THE PUR- POSES OF CONSTRUCTING A PRIVATE COMMUNICATION SYSTEM BY FAIRFAX COUNTY IN AND ALONG CERTAIN STREETS AND OTHER PUBLIC PLACES OF THE CITY OF FAIRFAX, VIRGINIA FOR ITS WIRE, CONDUITS, CABLES AND FIXTURES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRFAX: Article I. That there shall be granted, in the mode pre- scribed by law for grants of easements, for a term in excess of five years, specified easements to use public property in a manner not permitted to the general public and upon the condi- tions hereinafter specified which is embodied in the following draft of an ordinance: ORDINANCE NO. AN ORDINANCE GRANTING EASEMENTS TO , ITS SUCCESSORS AND ASSIGNS, TO USE FOR THE TERM AND UPON THE CONDITIONS HEREIN STATED CERTAIN STREETS AND OTHER PUBLIC PLACES OF THE CITY OF FAIRFAX, VIRGINIA, FOR ITS WIRES, CONDUITS, CABLES AND FIXTURES FOR THE PROVISION OF COMMUNICATION SERVICES WITHIN THE CORPORATE LIMITS OF THE CITY OF FAIRFAX. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA, that (hereinafter referred to as the Grantee) its successors and assigns, for a period of forty (40) years, subject to the condi- tions herein stated, be and is hereby authorized and empowered to construct, maintain and operate its conduits, ducts, cables, wires and all other necessary underground apparatuses (herein- after collectively called "equipment") under and through certain streets, alleys, highways and other public places within the cor- porate limits of the City of Fairfax, Virginia as approved by the City Manager and as the same now exist or may hereafter be extended or altered, for the purpose of providing the Fairfax County Government a system for private communication services. The conditions of the easements granted hereunder are as follows: ~ SECTION 1. All equipment erected by the Grantee shall be neat and symmetrical, and shall be so located as in no way to interfere with the safety or convenience of persons traveling on or over the said streets, alleys, highways and other public 1986-41 - 2 - places. In the installation and maintenance of its equipment, the Grantee shall not open or encumber more of any street, alley, highway or other public place than will be necessary to enable it to perform the work with proper economy and efficiency. SECTION 2. The installation of equipment under the provi- sions of this Ordinance shall be subject to the supervision of the City Manager or his designee and the Grantee shall replace and properly relay any sidewalk, street pavement or repair any other property owned by the City which may have been displaced or damaged by it in the construction and maintenance of its system. SECTION 3. In the event the City determines it to be neces- sary, the City may require the Grantee to remove or relocate any equipment on public property to other public property. The Grantee shall not be entitled to payment for any portion of the cost it incurs hereunder from the City whether such costs are incurred directly or indirectly. The Grantee shall bear all expense of such removal or relocation provided the City will issue, without charge to the Grantee, whatever City permits are required for relocation of the Grantee's equipment. The Grantee shall use its best efforts to remove or relocate said equipment within ninety (90) days of notification unless the City Manager, for good cause, extends such time. SECTION 4. The Grantee shall maintain all of its equipment in good and safe order and condition; and shall at all times fully indemnify, protect and save harmless the City from and against any and all costs, charges and claims arising from any act or omission of the Grantee including, but not limited to, attorneys fees during the term of this easement. In furtherance whereof the Grantee shall first execute a bond in the amount of $ with a good and sufficient surety in favor of the City of Fairfax, to secure the obligations of the Grantee hereunder. SECTION 5. The Grantee and its agents shall take all pru- dent action to avoid damage or injury to pipes, cables, fixtures or installations of the City and of other utility services, par- ticularly those installations whose disruption can cause hazards or danger to persons or property. In the event such damage or 1986-41 - 3 - injury occurs, the Grantee shall immediately notify the appropriate public safety department and shall cooperate and contribute its capabilities to the extent necessary to remove any hazards and repair any damage. SECTION 6. Upon the expiration of the term of this easement or upon earlier termination by surrender, forfeiture or other- wise, all facilities of the Grantee in the City shall remain the property of the Grantee and may be removed from the streets, alleys and public places of the City at the expense of the Grantee within a reasonable time after expiration or termina- tion. The Grantee shall be liable for any damage to the City property resulting from said removal. SECTION 7. The rights and privileges granted herein to use public property are expressly subject to the conditions, limita- tions and provisions contained in the general ordinances of the City, now in force or that may be hereafter passed by the City Council, relative to the use of the streets, alleys and public places of the City, so far as they may be applicable to the rights and privileges herein granted, provided such ordinances that may be passed will not place unreasonable or impractical burdens upon the Grantee. SECTION 8. Nothing in this Ordinance shall be construed to grant unto the Grantee any exclusive right or to prevent a grant of similar privileges to other grantees. SECTION 9. The sections, paragraphs, sentences, clauses and phrases contained in this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.. SECTION 10. This ordinance shall be effective immediately upon its passage by a majority affirmative vote by the members of the City Council. 1986-41 - 4 - Article II. Upon the approval of this Ordinance by the City Council, the City Clerk shall cause to be advertised once a week for four seccessive weeks, in The Fairfax Journal the draft of the Ordinance contained in the foregoing sections, and an invitation for bids with said Ordinance as follows: The City of Fairfax, Virginia hereby invites bids for the proposed easements to be granted in the following Ordinance, to be duly passed by the City Council and approved by the Mayor on the 28th day of October , 198--6 at 8:00 o'clock, p.m. All bids shall be accompanied by a certified check payable to the City in the full amount of the bid. The City reserves the right to reject all bids. The successful bidder shall pay the cost of advertising for the grant of easements and any and all other costs, including but not limited to attorneys fees, associated with this grant of easements incurrred by the City of Fairfax. TESTE: INTRODUCED: September 9, 1986 ADOPTED: September 16, 1986 - ~ Clerk C6