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Ordinance 3444-15 with Acceptance
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Ordinance 3444-15 with Acceptance
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11/2/2015 4:11:22 PM
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Ordinances
Ordinance Number
3444-15 with Acceptance
Date
7/22/2015
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City so that the City may comply with all of its obligations under the Act. Within ten (10) days <br />after receipt of notice from the City, Grantee shall deliver to the City copies of all records <br />relating to this Franchise that qualify as the City's public records under the Act. If the City <br />receives a public records request relating to this Franchise, the City shall seek to provide notice <br />to Grantee at least ten (10) days before the City releases records pursuant to such public records <br />request, but in no event will the City have any liability to Grantee for any failure of the City to <br />provide timely notice. In addition to its other indemnification and defense obligations under this <br />Franchise, Grantee shall indemnify and defend the City from and against any and all losses, <br />penalties, fines, claims, demands, expenses (including, but not limited to, attorney's fees and <br />litigation expenses), suits, judgments, or damage arising from or relating to any failure of <br />Grantee to comply with this Section. <br />8. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION <br />8.1 Right to Construct. <br />Subject to applicable laws, regulations, rules, resolutions and ordinances of the City and the <br />provisions of this Franchise, Grantee may perform all construction in the Rights -of -Way for any <br />Facility needed for the maintenance or extension of Grantee's Telecommunications System. <br />8.2 General Standard. <br />All work authorized and required hereunder shall be done in a safe, thorough and workmanlike <br />manner. All installations of equipment shall be permanent in nature, durable and installed in <br />accordance with good engineering practices. <br />8.3 Permits Required for Construction. <br />Prior to doing any work in the Right -of Way or other public property, Grantee shall apply for, <br />and obtain, appropriate permits from the City. As part of the permitting process, the City may <br />impose such conditions and regulations as are necessary for the purpose of protecting any <br />structures in such Rights -of -Way, proper restoration of such Rights -of -Way and structures, the <br />protection of the public, and the continuity of pedestrian or vehicular traffic. Such conditions <br />may also include the provision of a construction schedule and maps showing the location of the <br />Facilities to be installed in the Right -of -Way. Grantee shall pay all applicable fees for the <br />requisite City permits received by Grantee. <br />8.4 Emergency Permits. <br />In the event that emergency repairs are necessary, Grantee shall immediately notify the City of <br />the need for such repairs. Grantee may initiate such emergency repairs immediately, and shall <br />apply for appropriate permits within forty-eight (48) hours after discovery of the emergency. <br />16 of 30 <br />
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