(A) Pursuant to the authority of the Banks Municipal Code (BMC), the city hereby grants to Ziply Fiber Northwest, LLC, a Delaware company, and its successors and assigns (collectively and individually, the “franchisee”), the non-exclusive right and privilege to place, erect, lay, maintain and operate in, upon, over and under the city’s public rights-of-way, its facilities, as defined herein, for the purpose of providing physical support, attachment and housing for telecommunications service providers and other utilities that require such facilities.
(B) The scope of this franchise allows the installation, maintenance and repair of facilities installed by franchisee in the city’s rights-of-way for the purposes described herein.
(C) Notwithstanding the foregoing, the City Manager, or the City Manager’s designee, shall have the authority to designate which rights-of-ways the franchisee may use, the location(s) where the franchisee may place its facilities within the public rights-of-way, and the maximum dimensions of those facilities as may be reasonably necessary to minimize public inconvenience and comply with BMC Chapter 112 (Telecommunications Facilities), unless this franchise agreement provides otherwise, and the city’s adopted engineering standards.
(D) This franchise is not transferable and shall not allow or permit the operation of any service provider within the city that might attach equipment, lines, antennas or other facilities to the franchisee’s facilities. Any utility or service provider that desires to attach equipment, lines, antennas or other facilities to the franchisee’s facilities is required to obtain its own franchise from the city for use of the public rights-of-way pursuant to BMC Chapter 96 (Regulation of the Public Rights-of-Way).
(Ord. 2022-07-01, passed 8-9-2022)