(A) Placement of facilities. NMUI shall have the right to excavate in, occupy and use any and all rights- of-way after obtaining appropriate excavation permits or other review in accordance with § 13-4-4-12 from the city. NMUI shall not, pursuant to this franchise, place any of its facilities on, under or within any city park, duly designated as such by the city, but nothing herein contained shall preclude the city from granting a revocable permit or easement therefor. NMUI shall not place any of its facilities on, over, under or within the median portion of any boulevard or parkway without first having obtained the written permission of the city.
(B) Location and relocation expense. Any location or relocation of NMUI's facilities in the rights-of- way reasonably required, caused or occasioned by any city project including the installations of storm drainage, landscaping, or traffic signal facilities, road reconstruction and construction shall be at the cost of NMUI. The city and NMUI agree to meet and coordinate with respect to any project such that, when timing allows, NMUI may include the costs of any location or relocation in the next budget and/or bond cycle. NMUI shall reconstruct, replace or restore any street, alley, or public way or place, in a timely fashion, and any water, sewer, sanitary sewer, storm drainage, traffic signalization facilities, or other facility of the city disturbed by NMUI, without cost to the city, to a condition acceptable to the city consistent with reasonable standards of safety and appearance. Any facility so disturbed by NMUI shall be reconstructed, replaced, or restored only under the supervision of city personnel. Any such relocation shall be accomplished as expeditiously as possible. If there is a delay in a city project due to NMUI's relocation, then NMUI shall pay all expenses incurred by the city as a direct result of the delay.
(C) NMUI shall comply with all city ordinances and resolutions regarding lane closures and traffic control.
(D) Abandoned facilities. NMUI is required to remove any and all abandoned facilities located in rights-of-way at NMUI expense as soon as practicable, but not later than 90 days following request by the city.
(Ord. 1-1994; Am. Ord. 32-2007)