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19861105 1986-46ORDINANCE NO. 1986-46 AN ORDINANCE GRANTING EASEMENTS TO FAIRFAX COUNTY, VIRGINIA, 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 Fairfax County, Virginia, (hereinafter referred to as the Grantee) its successors and assigns, for a period of forty (40) years, subject to the conditions 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 (hereinafter collectively called "equipment") under and through certain streets, alleys, highways and other public places within the corporate 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 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 provisions 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 1 1986i46 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. Open cuts of streets shall occur only between the hours of midnight and 6:00 a.m. SECTION 3. In the event the City determines it to be necessary, 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 assure that the Grantee's contractor, Rolm Corporation, or any successor, maintains adequate liability insurance coverage to the benefit of the City, and the Grantee will self-insure or maintain adequate liability insurance coverage to the benefit of the City to protect the City from and against any and all costs, charges and claims arising from any act or omission of the Grantee, its employees or agents, within the scope of their employment or authority during the term of this easement. SECTION 5. The Grantee and its agents shall take all prudent action to avoid damage or injury to pipes, cables, fixtures or installations of the City and of other utility services, particularly those installations whose disruption can cause hazards or danger to persons or property. In the event such damage or injury occurs, the Grantee shall immediately notify the appropriate public safety department 1986-46 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 otherwise, 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 termination. 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, limitations 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 and the execution by the Fairfax County Water Authority of the proposed water Agreement with the City. 1986-46 INTRODUCED: October 14, 1986 PUBLIC HEARING: October 28, 1986 ADOPTED: October 28, 1986 - MAYO,'GEORGE T ."-SNY~R, ~K~. TESTE: