The grantee of this franchise shall:
(a) Construct, install and maintain all pipes and appurtenances in accordance and in conformity with all of the applicable ordinances and rules and regulations heretofore or hereafter adopted by the city council in the exercise of its police powers and not in conflict with the paramount authority of the state, and as to state highways, subject to the provisions of general laws relating to the location and maintenance of such facilities therein; in constructing, installing and maintaining the pipes and appurtenances, the grantee shall make and backfill all excavations in such manner and way as to leave the surface of the public street, alley, highway, or public place in as good condition as it was prior to said excavation, as well as to conform to the statutes of the state and the ordinances of the city as they now exist or may hereafter be amended with respect to the securing of permits for excavations, filling and obstructions of the city and state highways;
(b) Pay to the city, on demand, the cost of all repairs to public property made necessary by any operations of the grantee under this franchise;
(c) Indemnify and hold harmless the city and its officers from any and all liability from damage proximately resulting from operations under this franchise, and be liable to the city for all damage proximately resulting from the failure of the grantee well and faithfully to observe and perform each and every provision of this franchise and each and every applicable provision of Division 3, Chapter 2 of the Public Utilities Code of the state;
(d) Remove or relocate, without expense to the city, and facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any street, or the construction therein or thereunder of any subway, viaduct, sewer, storm drain, pipeline or other improvement, made by the city. This franchise shall not constitute an agreement or undertaking by the city, nor impose upon the city any obligation, to pay any part of the costs of removal or relocation of any of the pipes and appurtenances when required in order to accommodate construction of any state freeway;
(e) File with the city council within thirty days after any sale, transfer, assignment or lease of this franchise to another water purveyor, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers.
Any sale, transfer, assignment or lease of this franchise, to any other party, or any part thereof, or of any of the rights and privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers shall be submitted to the city council for their approval before such transfer can be made;
(f) Promptly repair at the sole cost and expense of the grantee and to the complete satisfaction of the city, any damage to any street or public improvement caused directly or indirectly by the grantee in exercising, directly or indirectly, any right, power or privilege under this franchise or in performing any duty under or pursuant to any of the provisions of this franchise;
(g) Pay to the city on demand the cost of resurfacing public streets, alleys or highways, that have not been returned to a satisfactory condition within seventy-two hours after notification of intent by the city to the company to correct the condition caused by the company;
(h) Any pipelines abandoned or removed from service shall be in conformance with accepted waterworks practices.
(Ord. 383 § 2 Ex. A (part), 1986).