Ordinance 3511-16 - Laserfiche WebLink

A. The Grantee shall protect public and priv to property from damage. If damage occurs, the Grantee shall promptly notify the property owner within twenty-four(24) hours in writing. B. Whenever Grantee disturbs or damages any Right-of-Way, other public property or any private property, Grantee shall promptly restore the Ri NIit-of-Way or property to at least its prior condition, normal wear and tear excepted, at its own e i pense. The provisions of this Section 8.11 shall survive the expiration,revocation, or terminatio of this Franchise. 8.1 1.2. RIGHTS-OF-WAY AND 0 IHER PUBLIC PROPERTY Grantee shall warrant any restoration work per )rmed by or for Grantee in the Right-of-Way or on other public property for one (1) year. If restor Ilion is not satisfactorily performed by the Grantee within a reasonable time, the City may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to publ c health or safety, cause the repairs to be made and recover the cost of those repairs from the Grant;e. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, aterials and equipment, the Grantee shall pay the City. 8.11.3. PRIVATE PROPERTY Upon completion of the work that caused an disturbance or damage, Grantee shall promptly commence restoration of private property, and 11 use its best efforts to complete the restoration within seventy-two (72)hours, considering the ature of the work that must be performed. 8.12. Discontinuing Use/Aba donment of Telecommunications Facilities Whenever Grantee intends to discontinue usi 'a any Facility within the Rights-of-Way, Grantee shall submit for the City's approval a complet: description of the Facility and the date on which Grantee intends to discontinue using the Facili r. Grantee may remove the Facility or request that the City permit it to remain in place. Notwit istanding Grantee's request that any such Facility remain in place, the City may require Grantee to remove the Facility from the Right-of-Way or modify the Facility to protect the public health, elfare, safety, and convenience, or otherwise serve the public interest. The City may require Gr. tee to perform a combination of modification and removal of the Facility. Grantee shall complete such removal or modification in accordance with a schedule set by the City. Until such time as Gr. nee removes or modifies the Facility as directed by the City, or until the rights to and responsibili y for the Facility are accepted by another Person having authority to construct and maintain such Facility, Grantee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the Right-of-Way, in the same manner and degree as if the Facility were ill active use, and Grantee shall retain all liability for such Facility. If Grantee abandons its Facilities the City may choose to use such Facilities for any purpose whatsoever. Upon abandonment, with .pproval of the City, which approval shall be within the sole discretion of the City, Grantee may tr. sfer ownership of the Facilities to City and, in that case, Grantee shall no longer have any ownershi interest in the Facilities. 8.13. Reservation of City Use of •ight-of-Way 20 of 31