4.50.320 Right to improve streets reserved to city.
The city reserves the right to improve any street or portion thereof over and within the area for which said franchise is granted, including the change of grade, relocation of right-of-way, realignment of right-of-way, change in width, construction or reconstruction of any such street, or any portion thereof. Within thirty days after receipt by the grantee of a notice in writing from the city of the fact that work is to be done pursuant to any such reserved right and specifying the general nature of the work and the area in which the same is to be performed, the grantee shall do all things necessary to protect its franchise properly during the progress of such work and, if ordered by the city council, the grantee shall disconnect, remove, or relocate its pipes and appurtenances within the street to such extent, in such manner, and for such period as shall be necessary to permit the performance of such work in an economical manner, and in accordance with generally recognized engineering and construction methods, and to permit the maintenance, operation and use of the street as so improved. The grantee shall relocate customer service lines for the full width of the right-of-way and reconnect in a workmanlike manner. All of such things shall be done and the work shall be performed by the grantee at its sole costs and expense. In the event that the city hereafter constructs, installs, reconstructs or repairs any bridge or artificial support in or underlying any street in which any pipes or appurtenances of the grantee are located, and in the event that the cost thereof is increased in order to provide for the installation, maintenance or operation of any such pipes or appurtenances in or on the street area on which said bridge or other artificial support covers or underlies, then the grantee shall pay to the city the full amount of such increase of cost, upon completion of such construction, installation or repair. Any damage done directly or indirectly to any such public improvement by the grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duties under or pursuant to the provisions of this franchise, shall be promptly repaired by the said grantee at its sole cost and expense.
(Ord. 383 § 2 Ex. A (part), 1986).