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The franchisee will provide at its sole cost such shoring or other support as shall be reasonably required to support, maintain, and protect franchisee’s facility in connection with any storm drain or sewer constructed by the County of Orange, Los Angeles County Flood Control District or Orange County Sanitation District or in connection with any facility constructed by city, or by any successor agency of any of these agencies.
(Ord. 1152, passed 5-17-11)
Within ninety (90) days following the date in which any facilities have been laid, removed or abandoned under the franchise, the franchisee shall file a map or maps with the Department showing the location, depth, and size of the facilities so laid, removed or abandoned.
(Ord. 1152, passed 5-17-11)
The franchisee shall have the right to construct, maintain and repair such traps, manholes, conduits, valves, appliances, attachments and other facilities as authorized in the ordinance granting the franchise and as may be necessary or convenient for the proper maintenance and operation of the pipelines under said franchise, and the facilities shall be kept flush with the existing grade and/or surface of the street and so located as to conform to applicable law, including any ordinance, rule or regulation of the city, or of any permit issued by the Department in regard thereto and shall not interfere with the use of the street for travel. The franchisee shall have the right, subject to such ordinances, rules or regulations as are now or may hereafter be in force, to make all necessary excavations in said streets for the construction, maintenance and repair of the facilities; provided, however, that the franchisee shall first obtain an excavation permit from the Department for doing any such work.
(Ord. 1152, passed 5-17-11)
The franchisee shall obtain an excavation permit from the Department to perform repair work. In the event of a condition that could cause a threat to public health or safety and requires emergency repair work, the franchisee shall proceed with the repairs and notify the Department as soon as possible, not later that the next business day.
(Ord. 1152, passed 5-17-11)
If, in the sole discretion of the City Engineer, subject to appeal to the Council pursuant to this chapter, the franchisee’s facilities conflict in any way with the construction, relocation or repair of any city facility or storm drain or sewer owned by the County of Orange, Orange County Flood Control District or Orange County Sanitation District, or any successor agency of any of these entities, the franchisee shall relocate its facility to the reasonably nearest alternative location or other location mutually agreeable to the city and the franchisee necessary to accommodate the relocation or repair of the storm drain, sewer or city facility, either permanently or temporarily, as is determined by the City Engineer to be required within the time required by the City Engineer. Such relocation shall be accomplished at the franchisee’s sole expense. If the franchisee fails to relocate its facility within the required time, or to pave, surface, grade repave, resurface or regrade, the city, to the extent permitted by and in compliance with applicable law, may cause the work to be done and shall keep an itemized account of the entire cost thereof, and the franchisee shall reimburse the city or other public entity for such cost within thirty (30) days after presentation to the franchisee of an itemized account of such costs. The franchisee shall hold harmless and indemnify the city, its officers and employees and other public agency, if any, from any liability which may arise or be claimed to arise from the moving, relocation, cutting, or alteration of any of the franchisee’s facilities, or the turning on or off of water, oil, or other liquid, gas, or electricity required to be accomplished by city or any other public agency as a result of the franchisee’s failure to relocate the facility by the date established by the city or other public agency. The franchisee shall also be liable for any consequential damages incurred by the city or other public agency arising from the franchisee’s failure to timely complete the work required by this chapter.
(Ord. 1152, passed 5-17-11)