Laserfiche WebLink
the average time required by the cities in the same county to <br /> locate municipal underground facilities Ofor the Company. <br /> 3. 3 . Permit Required. The Company shall not open or disturb <br /> the surface of any Public Ground for any purpose without first <br /> having obtained a permit from the City„ for which the City may <br /> impose a reasonable fee to be paid by the Company. The permit <br /> conditions imposed on the Company shall not be more burdensome than <br /> those imposed on other utilities for similar facilities or work. <br /> The mains, services and other property placed pursuant to such <br /> permit shall be located as shall be designated by the City. <br /> The Company may, however, open and disturb the surface of any <br /> Public Ground without a permit where an emergency exists requiring <br /> the immediate repair of its facilities . The Company in such event <br /> shall request a permit not later than the second working day <br /> thereafter. <br /> 3 .4 . Restoration. Upon completion of any work requiring the <br /> opening of any Public Ground, the Company shall restore the same, <br /> including paving and its foundations, to as good condition as <br /> formerly, and shall exercise reasonable care to maintain the same <br /> for two years thereafter in good condition. Said work shall be <br /> completed as promptly as weather permits, and if the Company shall <br /> not promptly perform and complete the work, remove all dirt, <br /> rubbish, equipment and material, and put the Public Ground in good <br /> condition, the City shall have the right to put it in good <br /> condition at the expense of the Company; and the Company shall, <br /> upon demand, pay to the municipality the cost of such work <br /> performed by the City, including its direct and indirect costs plus <br /> ten percent additional as liquidated damages . This remedy shall be <br /> in addition to any other remedy available to the City. <br /> 3.5 . Relocation of Gas Facilities . The Company shall <br /> promptly, with due regard for seasonal working conditions, per- <br /> manently relocate its Gas Facilities whenever the City orders such <br /> relocation. If the relocation is a result of the proper exercise <br /> of the police power in grading, regrading, changing the location or <br /> shape of or—otherwise—improving—any Public Ground—or—constructing <br /> or reconstructing any sewer or water system therein, the relocation <br /> shall be at the expense of the Company. If the relocation is not <br /> a result of the proper exercise of the police power, the relocation <br /> shall be at the expense of the City. If such relocation is done <br /> without an agreement first being made as to who shall pay the <br /> relocation cost, such relocation of the facilities by the Company <br /> shall not be construed as a waiver of its right to be reimbursed <br /> for the relocation cost. If the Company claims that it should be <br /> reimbursed for such relocation costs, it shall notify the City <br /> within thirty days after receipt of such order. The City shall <br /> give the Company reasonable notice of plans requiring such <br /> relocation. <br /> Nothing contained in this subsection shall require the Company <br /> to remove and replace its mains or to cut and reconnect its service <br /> JMS39256 <br /> MU125-11 3 <br />