111.06 EXCAVATIONS.

All facilities and equipment comprising the Company’s electric distribution system located in the public streets shall be located so as to cause minimum interference with the proper use of the public streets and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin the public streets. In making excavations in any public streets for the installation, maintenance, or repair of conductors, conduits, or the erection of poles, wires, or other appliances, the Company shall not unreasonably obstruct the use of the public streets. The Company in making such excavations shall, if required by ordinance, obtain a City permit therefore and provide City representatives with twenty-four (24) hours advance notice prior to the actual commencement of the work. In emergencies that require immediate excavation, the Company may proceed with the work without first providing advance notice or applying for or obtaining the permit; provided that the Company shall apply for and obtain the permit as soon as possible after commencing such emergency work. The Company shall comply with all provisions and requirements of the City in its regulation of the use of public streets in performing all work. The Company shall also comply with all City regulations regarding paving cuts, placement of facilities, and restoration of pavement and other public infrastructure. In the event of an excavation, the Company shall replace the surface of the public street, restoring the public street to the condition as existed prior to the Company’s excavation. However, the Company shall not be required to improve or modify the public street, or other areas adjacent to the Company project, to a condition superior to its immediate previously existing condition, except that any replacement of any surface shall conform to current City regulations regarding its depth and composition and any sidewalk replacement shall conform to the requirements of the Americans with Disabilities Act. The Company shall complete all repairs in a timely manner. In the event that the Company does not timely comply with its obligations under this Section after receiving at least forty-eight (48) hours’ notice from the City, the City may perform the work and recover its cost from the Company upon notice to the Company.

111.07 UTILITY EASEMENT.

The City’s vacation of a public street shall not deprive the Company of its right to operate and maintain existing facilities and their replacements on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any public street where the Company has facilities, the City shall grant the Company a utility easement for said facilities.   The City shall provide the Company with not less than thirty (30) days advance notice of the City’s proposed action and, upon request, retain a public easement covering existing and future facilities and activities. The City shall not be obligated to provide a utility easement if the Company is properly noticed and the Company does not make a timely request.

111.08 RELOCATION NOT REQUIRED.

The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous five (5) years.

111.09 RELOCATION REIMBURSEMENT.

If the City orders or requests the Company to relocate its existing facilities or equipment in order to directly facilitate the private portion of a project of a commercial or private developer or other non-public entity, the City shall require the developer or non-public entity to reimburse the Company for the cost of such relocation as a precondition to relocation. The Company shall not be required to relocate its facilities or equipment in order to facilitate such a private project at its expense.

111.10 INDEMNIFICATION.

Nothing in this ordinance may be deemed to create civil liability on the part of the City for actions, omissions, or negligence of the Company, or of the Company’s agents, contractors, employees, licensees, or invitees. Further, nothing in this ordinance may be deemed to create civil liability on the part of the Company for actions, omissions, or negligence of the City, or of the City’s agents, contractors, employees, licensees, or invitees. This ordinance may not be interpreted or construed to provide any third parties (including, but not limited to, the Company’s customers) with any remedy, claim, liability, reimbursement, cause of action, or any other right as against the Company or the City. The Company and the City shall bear responsibility for their own actions, omissions, and negligence. The Company shall defend, indemnify, and hold harmless the City from any and all claims, suits, losses, damages, costs, reasonable attorneys’ fees, or other expenses, on account of (i) any personal injury, death, or damage to property arising from the Company’s negligent performance of its rights or obligations pursuant to its franchise and this ordinance; or (ii) any negligent act or omission of the Company, its agents, contractors, employees, licensees, or invitees in, on, or around public streets. Notwithstanding the foregoing provisions, the Company shall not be obligated to defend, indemnify, and hold harmless the City for any costs or damages arising from the sole negligence of the City, its officers, employees, or agents.