(a) The City consents that the company install, maintain, operate and replace water mains and other facilities in, through and under the highways, streets and lands within the City and may work in said highways, streets and lands for the purpose of installing, extending, operating, maintaining, locating, relocating, repairing and removing said facilities; provided, however, that the company shall obtain approval of the City of plans for constructing the mains or other facilities, which shall not unreasonably be withheld, and further provided that said approval will be obtained before commencing work in any public right of way within the City except in case of real emergency, in which case written notice shall be given the City as soon as possible. The company shall comply with the regulations prescribed by the City and applicable to all public utility companies governing the working in, filling and restoration of streets and public ways.
(b) The company shall obtain all requisite permits from the City before commencing any work in any public right of way within the City and shall pay any and all appropriate permit and inspection fees applicable to all public utilities operating within the City and the company shall restore all street excavations in accordance with the said city regulations at no cost to the City.
(c) In the event any restoration is not undertaken within ten (10) days after receipt of
written notice given by the City to the company, and shall not thereafter be completed properly with reasonable dispatch, then and in such event the City may cause the same to be done and the reasonable expenses incurred thereby shall be paid by said company upon presentation of an invoice therefor, and upon failure to so pay, the same may be deducted by the City from any sum or sums thereafter due from it to said company.
(d) In performing any and all of the foregoing operations contained in this section, the company shall indemnify and save the City harmless from any and all damages arising from the negligence of said company, or any employees thereof and/or the creation of any nuisance for which a claim is made or action brought against the City.
(1969 Code 53.04)