Laserfiche WebLink
damage, the Grantee shall be obligated to fully reimburse the City for required repairs, <br /> reconstruction and restoration. <br /> 3.3 Conditions on Richt-of-Way Use. <br /> 3.3.1 Nothing in this Franchise shall be construed to prevent the City from constructing, <br /> maintaining, repairing or relocating sewers; grading, paving, maintaining, <br /> repairing, relocating and/or altering any Right-of-Way; constructing, laying down, <br /> repairing, maintaining or relocating any water mains; or constructing, <br /> maintaining, relocating or repairing any sidewalk or other public work. <br /> 3.3.2 All System transmission and distribution structures, lines and equipment erected <br /> by the Grantee within the City shall be located so as not to obstruct or interfere <br /> with the use of Rights-of-Way except for normal and reasonable obstruction and <br /> interference which might occur during construction and to cause minimum <br /> interference with the rights of property owners who abut any of said Rights-of- <br /> Way and not to interfere with existing public utility installations. <br /> 3.3.3 The Grantee shall, at its sole expense, by a reasonable time specified by the City, <br /> protect, support, temporarily disconnect, relocate or remove any of its property <br /> when required by the City by reason of traffic conditions; public safety; Rights- <br /> of-Way construction; street maintenance or repair (including resurfacing or <br /> widening); change in Right-of-Way grade; construction, installation or repair of <br /> sewers, drains, water pipes, power lines, signal lines, tracks or any other type of <br /> government-owned communications or traffic control system, public work or <br /> improvement of government-owned utility; Right-of-Way vacation; or for any <br /> other purpose where the convenience of the City would be served thereby. If the <br /> Grantee fails, neglects or refuses to comply with the City's request, the City may <br /> protect, support, temporarily disconnect, relocate or remove the appropriate <br /> portions of the System at the Grantee's expense for any of the City's incremental <br /> costs incurred as a result of the Grantee's failure to comply. Except for the City's <br /> gross negligence, the City shall not be liable to the Grantee for damages resulting <br /> from the City's protection, support, disconnection, relocation or removal, as <br /> contemplated in the preceding sentence. <br /> 3.3.4 The Grantee shall not place poles, conduits or other fixtures of the System above <br /> or below ground where the same will interfere with any gas, electric, telephone, <br /> water or other utility fixtures and all such poles, conduits or other fixtures placed <br /> in any Right-of-Way shall be so placed as to comply with all lawful requirements <br /> of the City. <br /> 3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by <br /> the City, temporarily move its wires or fixtures to permit the moving of buildings <br /> with the expense of such temporary removal to be paid by the Person requesting <br /> the same. The Grantee shall be given not less than ten (10) days' advance written <br /> notice to arrange for such temporary wire changes. <br /> 14 <br />