Ordinance 3610-18 - Laserfiche WebLink

normal wear and tear excepted, at its own expense. The provisions of this Section 8.11 shall survive the expiration,revocation, or termination of this Franchise. 8.11.2. RIGHTS-oF-Way and Other Public Property Grantee shall warrant any restoration work performed by or for Grantee in the Right-of-Way or on other public property for two (2) years. If restoration 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 public health or safety, cause the repairs to be made and recover the cost of those repairs from the Grantee. Within thirty(30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City. 8.11.3. Private Property Upon completion of the work that caused any disturbance or damage, Grantee shall promptly commence restoration of private property, and will use its best efforts to complete the restoration within seventy-two (72)hours, considering the nature of the work that must be performed. 8.12. Discontinuing Use/Abandonment of Facilities Whenever Grantee intends to discontinue using any Facility within the Rights-of-Way, Grantee shall provide to the City advance notice of the date on which Grantee intends to discontinue using the Facility. Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding 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, welfare, safety, and convenience, or otherwise serve the public interest. The City may require Grantee 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 and restore the site to its pre-existing condition. Until such time as Grantee removes or modifies the Facility as directed by the City, or until the rights to and responsibility 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 in 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. 8.13. Reservation of City Use of Right-of-Way Nothing in this Franchise shall prevent the City or public utilities owned,maintained or operated by public entities other than the City from constructing sewers; grading, paving, repairing or altering any Right-of-Way; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's Telecommunications System. 8.14. Tree Trimming New Cingular Wireless PCS,LLC Small Cell Franchise 22 of 33