Subject to the terms and conditions of the MOU (which document shall control in the event of a conflict with this franchise):
(A) Before the Authority may conduct underground work involving excavation, renovation, new construction or major relocation work in any rights- of-way, the Authority shall first notify the City not less than five working days prior to commencement of the work and shall comply with any special conditions relating to location, scheduling, coordination and public safety. The Authority shall file maps and drawings with the Director showing the location of any proposed construction or extension of its facilities and services in any rights-of-way of the City. Such proposed construction work to be done by the Authority shall be performed and coordinated in a safe manner subject to the approval of the Director and in accordance with applicable federal and state laws and city ordinances, regulations and permit requirements now or hereafter existing including the Barricade and Street Excavation Ordinance, as that ordinance may be amended from time to time.
(B) Construction forecast. On or before the first day of June each year, the City and the Authority agree to meet and exchange three year construction forecasts, together with such additional information as the City and the Authority deem appropriate relating to projects planned within the City. The City and Authority shall hold such additional meetings as they deem necessary to exchange additional information with a view toward coordinating their respective activities in these areas where such coordination will prove mutually beneficial to the public by minimizing disruption and costs to the public. The Authority will comply with all building and zoning codes and assure that aesthetic and other relevant planning principles have been given due consideration. It is recognized that, notwithstanding the foregoing, the City retains absolute discretion over the timing and all other aspects of the City's proposed projects. The parties will make reasonable efforts to allow each party's work to be incorporated in the other's respective projects. The Authority will not cut or otherwise disturb any new or rehabilitated roadway within two years of its placement, except or unless, (1) the Authority repaves such roadway to specifications as may be required by the City, or (2) in emergency conditions. Notwithstanding the foregoing, if an Authority cut or disturbance is required in any new or rehabilitated roadway within sixty (60) days of the placement of such new or rehabilitated roadway, and the Authority's cut or disturbance is caused or occasioned by the City's negligent damage to Facilities created by the placement of new or rehabilitated roadway, then, the Authority shall not be responsible for any and all costs associated with a subsequent repavement.
(C) Interference; permits. All facilities constructed by the Authority within rights-of-way of the City shall be located so as to cause minimum interference with public use of streets, alleys and other public ways and shall be maintained in good repair and condition. Facilities located on, over and under, along and across all rights- of-way shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with resolutions, ordinances, rules and regulations of general application as may be adopted by the City to control and monitor such activities. The Authority will acquire and pay for permits in accordance with such rules and regulations as the City deems appropriate, and the City may inspect the manner of such work and require remedies as may be necessary to assure compliance. It is understood that this work involves the health, safety and welfare of the community and from time to time must be done under circumstances which will make the prior acquisition of a permit infeasible, and in those cases the permit shall be applied for by the Authority on the next working day.
(D) Compliance with laws. The Authority shall take measures which will result in its facilities meeting the standards required by applicable federal and state water pollution laws. Upon the City's request, the Authority will provide the City with copies of any reports submitted to these agencies in compliance with such laws.
(E) Joint use. Upon reasonable request by the City or the Authority and to the extent the City or Authority can do so, each will grant joint use of its property which it now, or in the future, owns or has an interest in, to each other for purposes including, but not limited to, parks, drainage facilities, bikeways, traffic conduits, mass transit corridors, storm sewer lines, pedestrian area parking, open spaces and water, waste water, electric, cable, and natural gas distribution, provided that neither the City nor the Authority shall be required to accept such a request. Compensation for such joint use shall be as negotiated by the City and the Authority. If joint use is accepted by the City or Authority, then any improvements deemed appropriate shall be made at the requesting party's sole expense.
(F) Maintenance. The Authority shall be responsible for the maintenance of the property within reasonable proximity of and upon which the Authority maintains above-ground facilities, including the removal of weed and litter.
(G) ADA. The Authority shall insure its facilities in rights-of-way are located and constructed in a manner such that access is not impaired in compliance with the Americans with Disabilities Act (ADA). Following notice by the City of an ADA construction problem, the Authority shall have 60 days or other reasonable time to remedy the problem. In the event the City and the Authority cannot agree that a problem exists, any dispute shall be submitted to mediation pursuant to § 13-4-9-8(D) herein.
(H) Public places. The City and Authority agree that no Authority facilities will be placed in public places without the express written consent of the City. The City and Authority further agree that in the event the City requests service or the placement of new or added Authority facilities in any public place, the City shall bear all costs necessary for such placement. The City and Authority further agree that in the event the City requests service or the placement of new or added Authority facilities in any public place, such facilities will require the grant of a permanent license to the Authority.
(Ord. 27-2006)