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ARTICLE IV. CONSTRUCTION
New installation or replacement of pipelines and all other facilities necessary for the installation, operation, maintenance, and safety of pipelines and conduits shall be laid and maintained pursuant to applicable law. All such installations or replacements shall be reviewed by the City Engineer as to the most desirable location in the streets of the city and his or her decision shall be final and binding on the franchisee subject to appeal as provided in this chapter.
(Ord. 1152, passed 5-17-11)
Where the provisions of any applicable law, which shall be in force at the time, require the issuance of an excavation, encroachment or other type of permit, the franchisee shall not commence any excavation or encroachment work under the franchise until it shall have obtained such permits, except in cases of emergency affecting public health, safety or welfare or the preservation of life or property, in which case the franchisee shall apply for such permits not later than the next business day. The franchisee’s application for a permit under applicable law shall show the length and proposed location of the pipeline and/or other facility intended to be installed, and such other facts as the Department may require. The franchisee shall pay any and all permit inspection fees to the Department.
(Ord. 1152, passed 5-17-11)
A. The work of constructing, laying, replacing, maintaining, repairing or removing all pipelines and other facilities authorized under the provisions of this chapter in, over, under, along or across any street shall be conducted to minimize hindrance to the use of the street for purposes of travel, and as soon as such work is completed, all portions of the street which have been excavated or otherwise damaged thereby shall promptly and in a workerlike manner be repaired, replaced or restored and placed in as good condition as the same as before the commencement of such work. For streets that have been rehabilitated within five (5) years prior to the work the city shall require the resurfacing, or other treatment, of the entire width of the street or streets as directed by the City Engineer. For those streets that have not been rehabilitated by the city within five (5) years prior to the work the restoration shall be in full compliance with the City of Brea excavation requirements. All restoration, repair, or replacement work shall be done to the satisfaction of the Public Works Department at the expense of the franchisee in accordance with all applicable law.
B. In the event that the franchisee shall fail or neglect to make such highway repair, replacement, or restoration work, then ten (10) days after notice therefor has been given franchisee by the City Engineer, the city may repair, replace or restore the highway at the expense of franchisee. The franchisee shall pay to the city the cost of performing such work. The amount so chargeable shall be the direct cost of such work plus the current rate of overhead being charged by the city for reimbursable work.
(Ord. 1152, passed 5-17-11)
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