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Granting permission to Sunesys Inc., its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Permission is hereby granted to Sunesys Inc., a Pennsylvania corporation with an office at 202 Titus Avenue, Warrington, PA 18976, and its successors, assigns, and agents (collectively "Sunesys"), subject to the terms and conditions hereinafter set forth, to construct, maintain, operate, replace, and remove a telecommunications system and appurtenances along, in, over and under the public rights-of-way of the City of Philadelphia described below, and/or to place such telecommunications system within existing conduit, and on the existing facilities owned by PECO Energy Company ("PECO Energy") or Verizon Pennsylvania, Inc. ("Verizon") and/or on utility poles or catenary poles of any other entities authorized by other City ordinances, subject to such owner's consent; Sunesys is further granted permission to construct, lay, operate, maintain, replace and remove new telecommunications cables, conduits, access manholes and associated appurtenances (collectively, the "Telecommunications System") along the routes described below, to create a system used to transmit, receive and distribute telecommunications and in particular to serve the schools listed below. Sunesys is not authorized by this Ordinance to provide to subscribers within the City "cable service," as defined at 47 U.S.C. § 522(6) or "video programming," as defined at 47 U.S.C. § 522(20), as an open video system operator pursuant to 47 U.S.C. § 573(a) or otherwise.
(a) Warren G. Harding Middle School, 200 Wakeling Street
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
Castor Street: From Richmond Street to Frankford Avenue
Frankford Avenue: From Castor Street to Torresdale Avenue
Torresdale Avenue: From Frankford Avenue to Church Street
Church Street: From Torresdale Avenue to Worth Street
Worth Street: From Church Street to Pratt Street
Pratt Street: From Worth Street to Torresdale Avenue
Torresdale Avenue: From Pratt Street to Herbert Court
(b) Bridesburg Elementary School, 2824 Jenks Street
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
Tulip Street: From Pratt Street to Bridge Street
Bridge Street: From Tulip Street to Richmond Street
Richmond Street: From Bridge Street to Jenks Street
Jenks Street: From Richmond Street to Garden Street
(c) Henry W. Lawton Elementary School, 6101 Jackson Street
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
Tulip Street: From Bridge Street to Hegerman Street
Hegerman Street: From Tulip Street to Van Kirk Street
Van Kirk Street: From Hegerman Street to Keystone Avenue
Keystone Avenue: From Van Kirk Street to Benner Street
Benner Street: Fron Keystone Avenue to Jackson Street
Keystone Avenue: From Benner Street to Levick Street
Levick Street: From Keystone Avenue to Tulip Street
Tulip Street: From Levick Street to Longshore Avenue
Longshore Avenue: From Tulip Street to State Road
State Road: From Longshore Avenue to Ashburner Street
Ashburner Street: From State Road to Hegerman Street
Hegerman Street: From Ashburner Street to Strahle street
Strahle Street: From Hegerman Street to Torresdale Avenue
Torresdale Avenue: From Strahle Street to Convent Road
Convent Road: From Torresdale Avenue to Frankfrod Avenue
(d) Louis H. Farrell Elementary School, 8300 Castor Avenue
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
Algon Avenue: From Faunce Street to Rhawn Street
Rhawn Street: From Algon Avenue to Loretto Street
Loretto Street: From Rhawn Street to Hoffenagle Street
Hoffenagle Street: From Loretto Street to Alma Street
Alma Street: From Hoffenagle Street to Fox Chase Road
(e) Robert Blair Pollock Elementary School, 2875 Welsh Road
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
Blue Grass Road: From Grant Avenue to Welsh Road
Welsh Road: From Blue Grass Road to Ashton Road
(f) Robert Blair Pollock Elementary School, 2875 Welsh Road
Sunesys is authorized to install facilities within existing PECO Energy underground conduit subject to the owner's permission at the following locations:
Grant Avenue: From Hilspatch Street to Blue Grass Road
(g) Penn Alexander Elementary School, 4209 Spruce Street
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
Sansom Street: From 38th Street to 43rd Street
43rd Street: From Sansom Street to Spruce Street
(h) William L. Sayre Middle School, 5800 Walnut Street
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
Locust Street: From 43rd street to 56th street
56th Street: From Locust Street to Sansom Street
Sansom Street: From 56th Street to 59th Street
58th Street: From Sansom Street to Locust Street
59th Street: From Sansom Street to Locust Street
(i) Overbrook High School, 5898 Lancaster Avenue
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
Sansom Street: 59th Street to 61st Street
61st Street: Sansom Street to Master Street
59th Street: From Master Street to Oxford Street
Oxford Street: From 59th Street to 57th Street
57th Street: From Oxford Street to Master Street
Lancaster Avenue: From 59th Street to 57th Street
(j) John P. Turner Middle School, 5900 Baltimore Avenue
Sunesys is authorized to attach aerial facilities to authorized existing PECO Energy and Verizon utility poles in and along the following public rights-of-way subject to the utility pole owner's permission:
61st Street: From Sansom Street to Baltimore Avenue
Baltimore Avenue From 61st Street to 60th Street
60th Street: From Baltimore Avenue to Cedarhurst Street
(k) Except as provided in sub-sections 1(a) through 1(j) above, Sunesys is not authorized by this Ordinance to construct any underground conduit, ducts, access manholes, or other underground facilities or appurtenances in, under, or along any public rights-of-way of the City of Philadelphia; or to perform any excavation of the public rights-of-way for the purpose of constructing the Telecommunications System, except excavation that is incidental to the installation and attachment of facilities set forth in sub-sections 1(a) through 1(j) above, as determined by the Department of Streets; or to install any new poles in any public rights-of-way.
(l) All telecommunication facilities that include an alteration to a rail/highway crossing, as such alterations are defined under state law, must have, in addition to the approvals set forth in this Ordinance, the appropriate approval of the Pennsylvania Public Utility Commission. Obtaining approval from the Pennsylvania Public Utility Commission is the sole responsibility of Sunesys.
(m) Sunesys must submit proof of authorization from the governmental body responsible for maintaining any highway bridge crossing over a railroad right-of-way, highway or other real property if the Telecommunications System listed in this Section is constructed on or attached to any such bridges.
(n) The said Telecommunications System shall be constructed in accordance with the requirements and under the supervision of the Department of Streets, without interference with any existing surface or subsurface structures, and shall be used by Sunesys aexclusively for the purposes set forth in this Section and in accordance with all ordinances of the City of Philadelphia, and regulations of the Committee of Highway Supervisors governing the construction, maintenance, and operation of underground structures and the equipment, facilities and/or appurtenances placed therein and the construction, maintenance and operation of aerial facilities.
(o) The permission granted by this Ordinance is conditioned upon the approval of the Department of Streets as to the construction and installation of Sunesys facilities at any location in the specified areas of this Section and is not a guaranty that Sunesys facilities can be placed at any particular location in those areas. No City department, agency, board, or commission shall be required solely by virtue of this Ordinance to issue any permit, license, or approval that Sunesys must by law obtain prior to construction or occupancy of existing conduit or attachment to existing PECO Energy and Verizon utility poles in the public right-of-way.
(p) Before Sunesys places any facilities within the boundaries of Fairmount Park, Sunesys must submit authorization, in a form acceptable to the City of Philadelphia, that the Fairmount Park Commission has approved the installation of the Telecommunications System within Fairmount Park. The Fairmount Park Commission shall not be required solely by virtue of this Ordinance to approve the construction or installation of the Telecommunications System within Fairmount Park.
SECTION 2. In the event that any portion of said Telecommunications System must be relocated to accommodate a public improvement or public facility, whether such improvement or facility is constructed by the City or by another governmental entity, or by contract with the City or with any governmental entity, the Department of Streets shall provide Sunesys with written notice at least one hundred eighty (180) days prior to the date any action would be required by Sunesys to relocate said portion of the Telecommunications System. Within one hundred eighty (180) days of service of said notice upon Sunesys, Sunesys shall relocate said portion of the Telecommunications System and restore the roadway, or footway disturbed by the relocation to the condition it was in prior to the relocation, without expense to the City. In the event that Sunesys is required to remove any portion of the Telecommunications System at the request of the City, the Department of Streets shall cooperate with Sunesys in order to identify a replacement and alternative right-of-way for the relocation of said portion of the Telecommunications System which may be utilized without unreasonable inconvenience.
SECTION 3. Pursuant to subsection 11-204(5) of The Philadelphia Code, the permission granted by this Ordinance shall include permission to extend from the route described in Section 1 by no more than three (3) City blocks to be demarcated by major City streets and not by intervening pathways or alleyways. Before any such extensions are made, Sunesys shall first obtain the approval of the Department of Streets, Fairmount Park or private property owners if affected by the relocation route. This section shall govern all deviations from the route approved in Section 1, including those deviations which serve as replacement and alternative right-of-ways in relocating Sunesys pursuant to Section 2 of this Ordinance. All deviations which extend more than three (3) City blocks from the approved route shall require additional authorization from City Council.
SECTION 4. The permission granted to Sunesys to occupy the public right-of-way, and City streets with its Telecommunications System shall be and is subject to the terms and conditions of this Ordinance, and other applicable ordinances of the City of Philadelphia, including, but not limited to, all ordinances of general application currently in existence or subsequently enacted related to the right of occupancy and to use of property in, under, over, along and across the streets, sidewalks, alleyways, easements and right-of-ways within the City of Philadelphia . Such permission is also subject to the terms and conditions of all applicable agreements, to the extent that such agreements are consistent with the terms and conditions of this Ordinance.
SECTION 5. Before exercising any rights and privileges under this Ordinance, Sunesys shall enter into an agreement ("Agreement") with the appropriate City department or departments, in form satisfactory to the City Solicitor, to provide that Sunesys shall, inter alia:
(a) Furnish the City with a bond with corporate surety in an amount required by the Department of Streets and in form satisfactory to the City Solicitor to ensure the compliance with all the terms and conditions of this Ordinance and the Agreement and to protect and to indemnify the City from and against all damages or claims for damages which may arise directly as a result of the construction, maintenance, operation or removal of the Sunesys Telecommunications System;
(b) Secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards, or commissions of the City or other governmental entity as may be required by law;
(c) Assume the costs of all changes and adjustments to, and relocation and abandonment of, all utilities and structures wherever located as may be necessary by reason of the installation of Sunesys Telecommunications System;
(d) Carry insurance protecting against liability for injury to persons or the property of others, naming the City as an additional insured party in such amounts as shall be reasonably satisfactory to the City Solicitor;
(e) Pay all charges, rents, franchise fees or other fees that the City of Philadelphia may now or in the future impose for a licensee's occupation of City property, streets and rights-of-way;
(f) Remove any or all portions of the Telecommunications System listed in Section 1 from the public right-of-way pursuant to applicable City of Philadelphia specifications within sixty (60) days when the Telecommunications System or a portion of the Telecommunications System is no longer used for the purpose authorized by the ordinance or existing law;
(g) Submit to the City within ninety (90) days of the completion of a portion of construction of the Telecommunications System listed in Section 1 a copy of the as built plans in a format designated by the City and at no cost or expense to the City.
SECTION 6. The City Solicitor shall include in the Agreement such other terms and provisions as shall be deemed necessary to protect the interest of the City. The City Solicitor shall include in the Agreement, together with the terms and provisions required by Section 5 of this Ordinance and such other terms and provisions as shall be deemed necessary to protect the interest of the City, provisions setting forth, as a condition of the permissions granted by this Ordinance, Sunesys' representation, warranty, and agreement that it is subject to and will comply fully with (i) the terms and conditions of this Ordinance and all other applicable ordinances of the City of Philadelphia, and (ii) the terms and conditions of all ordinances of general application currently in existence or subsequently enacted that are related to the City of Philadelphia's management of the public rights-of-way, the right of occupancy of the public rights-of-way, and/or the use of property in, under, over, along and/or across the streets, sidewalks, alleyways, easements and rights-of-way within the City of Philadelphia.
SECTION 7. The permission granted to Sunesys to construct, maintain and operate, replace and remove a Telecommunications System along, in and under rights-of-way, public rights-of-way and City streets listed in Section 1 of this Ordinance shall expire without any further action by the City of Philadelphia if Sunesys has not entered into the Agreement as required by Section 5 within one (1) year after this Ordinance becomes law.
SECTION 8. The permission granted to Sunesys for installation and or construction of the new facilities in the areas identified in this Ordinance shall expire without any further action by the City of Philadelphia as to such portions not constructed two (2) years after the date this Ordinance becomes law unless Sunesys, has substantially completed the construction of the new facilities authorized herein. A change in ownership of the assets of Sunesys does not, without express written permission of the City of Philadelphia, extend the time for substantially completing the construction of the new facilities authorized herein.
SECTION 9. The City of Philadelphia reserves the right to charge a transfer fee for any agreement transferring the right-of-way license granted under the Agreement from one entity to another so as to ensure that all costs incurred by the City of Philadelphia related to the transfer are reimbursed. The transferee must pay all costs incurred by the City of Philadelphia associated with such transfer within thirty (30) days of the date the City submits such costs to the transferee or the transferee's authorized agent.
SECTION 10. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00), toward costs thereof, is paid into the City Treasury within sixty (60) days after this Ordinance becomes law.
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