|
"Public works project" or "public improvements " include, without limitation, the
<br />construction, realignment, paving or repaving, or other work on any public street or public right -
<br />of -way, change of grade or alignment of any public street or public right -of -way, the construction
<br />or reconstruction of any water, sanitary sewer, storm sewer, force main, drainage or
<br />communications facility of the City.
<br />"Qualifying communications service " means a communications service, including but
<br />not limited to high -speed data service and Internet access service, of general application, but
<br />excluding any cable television or other multi - channel video programming services.
<br />Qualifying communications services include the providing or offering for rent, sale or lease, or
<br />in exchange for other value received, the transmittal of signals, including but not limited to,
<br />voice, data, image, graphic or video or other programming information, except cable
<br />television service, between or among points by wire, lines, cable, fiber optics, circuits, laser
<br />or infrared, microwave, radio, cellular, satellite or other telecommunications facilities, but
<br />not including cable television service.
<br />"Unused Facilities" means where, pursuant to this Agreement, the Authority has
<br />commenced the installation of certain fiber optic or other cable and related facilities in the City's
<br />public streets or public rights -of -way, and (i) such installation work has ceased and remains
<br />unfinished for a period of twelve (12) consecutive months; or (ii) after installation, such fiber
<br />optic or other cable and related facilities are unused, for whatever reason, for a period of
<br />twelve (12) consecutive months; then, in the event of (i) or (ii) such fiber optic or other cable
<br />and related facilities or any parts thereof shall be deemed to be unused. For the purposes of
<br />this definition, fiber optic or other cable and related facilities shall not be considered unused
<br />merely because the fiber is dark, and shall be considered in use if the facilities are connected
<br />to other fiber optic or other cable and related facilities owned by the Authority that are used.
<br />Should all of the fiber optic or other cable and related facilities be determined to be unused,
<br />then the City Manager shall, within thirty (30) days thereof, by certified mail, return receipt
<br />requested, notify the Authority of the City's intent to determine if such fiber optic or other
<br />cable and related facilities are unused. The Authority shall then have thirty (30) days to
<br />respond to the City by demonstrating that such facilities are used. If the Authority is unable
<br />to demonstrate that the facilities are used, the facilities shall be deemed Unused Facilities and
<br />shall be subject to the provisions of Section 3(b) below.
<br />Section 3. Term of Agreement. (a) The term of this Agreement shall be for an initial
<br />term of fifteen (15) years, commencing on the date of approval of this Agreement by the City
<br />Council. Unless either party gives at least ninety (90) days' written notice of its intention to
<br />terminate the Agreement prior to the end of the initial term, the Agreement shall thereafter
<br />automatically renew and continue on an annual basis from year -to -year; provided, however, that
<br />either party may, upon giving at least ninety (90) days' written notice prior to the end of each
<br />annual renewal period, terminate the Agreement. In addition to the foregoing, Authority shall have
<br />rd
<br />
|