(a) The City hereby authorizes the Company to install, maintain, operate and replace water mains and other facilities in, through and under the highways, streets and lands within the City and to work in such highways, streets and lands for the purpose of installing, extending, operating, maintaining, locating, relocating, repairing and removing such facilities. However, the Company shall obtain City approval of plans for constructing the mains or other facilities, which approval shall not be unreasonably withheld. Further, such approval shall be obtained before commencing work in any public right of way within the City, except in case of a 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 and 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 such City regulations at no cost to the City.
(c) If restoration is not undertaken within ten days after receipt of written notice given by the City to the Company, and is not thereafter completed properly with reasonable dispatch, then the City may cause the same to be done and the reasonable expenses incurred thereby shall be paid by the Company upon presentation of an invoice therefor. Upon failure to so pay, the same may be deducted by the City from any sum or sums thereafter due from it to the Company.
(d) In performing any and all of the foregoing operations under this section, the Company shall indemnify and save the City harmless from any and all damages arising from the negligence of the Company or any employees thereof and/or the creation of any nuisance for which a claim is made or action brought against the City.
(Ord.87-0-8. Passed 4-28-87.)