04-23-2003 Council Agenda - Laserfiche WebLink

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meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law. 2.5. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Subject to regulation under Chapter 32, Electric Facilities in the Public Ways shall be located, constructed, and maintained so as not to disntpt normal operation of any City Utility System. Electric Facilities may be located on Public Grounds as determined by the City. 3.2. Restoration of Ways and Public Ground. Restoration of the Public Way shall be subject to Chapter 32. After completing any work requiring the opening of Public Ground, the Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather peewits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five days, have the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. 3.3. Waiver of Performance Security. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under Chapter 32 currently or in the future. The City reserves all other rights under Chapter 32 to enforce Company performance requirements for work in the Public Way or Public Ground. 3.4. Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay any proportionate cost or any added cost incurred by Company and accept any additional liability because of such use by the City. 3.5. Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. JNIS- 219530v1 NEI3G -154 - 2 1 -