Subject to the terms and conditions of the MOU (which document shall control in the event of a conflict with this franchise):
(A) Placement of facilities. The Authority 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 § 13-4-9-12 herein from the City. The Authority shall not, pursuant to this franchise, place any of its facilities, on, over, under or within any City park, duly designated as such by the City, but nothing herein contained shall preclude the City from granting a permanent license therefore in accordance with § 13-4-9-12(H) above. The Authority 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 the Authority's facilities in the rights-of-way reasonably required, caused or occasioned by any City project necessitated by the health and safety of the public or as may be required by projects approved by the City's Capital Improvements Program, including the installation of storm drainage, landscaping, or traffic signal facilities, and road reconstruction shall be at the cost of the Authority. However, in the event of any such relocation, the parties agree that all reasonable efforts shall be made to keep such relocations to a minimum number in any given year and at minimal cost to the parties. The City and the Authority agree to meet and coordinate with respect to any project such that, when timing allows, the Authority may include the costs of any location or relocation in the next budget and/or bond cycle. The Authority shall reconstruct, replace or restore any street, alley, or public way or place, in a timely fashion, and any storm drainage, traffic signalization facilities, or other facility of the City disturbed by the Authority, 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 the Authority shall be reconstructed, replaced, or restored only under the supervision of City personnel. Any such relocation shall be accomplished as expeditiously as possible. The Authority will make all reasonable efforts to relocate its utilities so as not to delay City projects.
(C) The Authority shall comply with all City ordinances and resolutions regarding lane closures and traffic control.
(D) Abandoned facilities. From and after the effective date of this franchise, the Authority is required to remove any and all abandoned facilities located in rights-of-way at Authority expense as soon as practicable, but not later than 90 days following request by the City.
(Ord. 27-2006)