Subject to §§ 100.04 and 100.07, and after obtaining any permits required by the city, as well as complying with O.R.S. 757.542 et seq. (Oregon Utility Notification Center) as they may be amended from time to time, the grantee may make all necessary excavations within the public ROW for the purpose of installing, repairing, upgrading or maintaining grantee facilities, except that in the case of an emergency, and if allowed under applicable Washington County ordinances, then no permit shall be required prior to excavation. Should there be a direct conflict between any terms or conditions stated in a permit granted by the city and the terms of this franchise, the terms of this franchise shall control. All excavations made by the grantee in the public ROW shall be properly safeguarded for the prevention of accidents. All of the grantee’s work under this section shall be completed in strict compliance with all applicable rules, regulations and ordinances of the city, and, if applicable, those of Washington County and the Oregon Department of Transportation. Should a customer of the grantee be required, pursuant to the grantee’s tariff on file with the OPUC, to make excavations that are located in the public ROW, the city agrees that the grantee shall not be responsible or liable for any failure by such customer to comply with any applicable rules, regulations, ordinances of the city and/or with city standards.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)