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If, during the course of a project, city determines grantee's facilities are in conflict, the following shall apply:
A. Prior To City Notice To Proceed To Contractor: Grantee shall, within a reasonable time, but in no event exceeding three (3) months, remove or relocate the conflicting facility. This time period shall begin running upon receipt by grantee of written notice from city. However, if both city and grantee agree, the time frame may be extended based on the requirements of the project.
B. Subsequent To City Notice To Proceed To Contractor: City and grantee will immediately begin the coordination necessary to remove or relocate the facility. Removal or relocation is to begin no later than seventy two (72) hours, if practicable, after written notification from city of the conflict. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. Subject to grantee's compliance with section 9-1-5-13 of this chapter, if grantee's relocation effort so delays construction of a public project causing city to be liable for delay damages, grantee shall reimburse city for those damages attributable to the delay created by grantee. In the event grantee should dispute the amount of damages attributable to grantee, the matter shall be referred to the city engineer for a decision. In the event that grantee disagrees with the city engineer's decision, the matter shall be submitted to the city manager or the city manager's designee for determination, whose decision shall be final and binding upon grantee as a matter of city review, but nothing herein waives any right of appeal to the courts.
B. In the event city becomes aware of a potential delay involving grantee's facilities, city shall promptly notify grantee of this potential delay. (Ord. 827, 8-5-2002, eff. 8-26-2002)
The installation, use and maintenance of the grantee's facilities within the rights of way and public ways authorized herein shall be in such a manner as not to interfere with city's placement, construction, use and maintenance of its rights of way and public ways, rights of way lighting, water pipes, drains, sewers, traffic signal systems or other city systems that have been, or may be, installed, maintained, used or authorized by city. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Grantee agrees not to install, maintain or use any of its facilities in such a manner as to damage or interfere with any existing facilities of another utility located within the rights of way and public ways of city and agrees to relocate its facilities, if necessary, to accommodate another facility relocation. Nothing in this section 9-1-5 is meant to limit any rights grantee may have under applicable laws to be compensated for the cost of relocating its facilities from the utility that is requesting the relocation. (Ord. 827, 8-5-2002, eff. 8-26-2002)
To maximize public and employee safety, to minimize visual clutter of aerial plant, and to minimize the amount of trenching and excavation in and along city rights of way and sidewalks for underground plant, grantee shall make every commercially reasonable effort to collocate compatible facilities within the rights of way subject to the engineering requirements of the owners of utility poles and other facilities. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. Grantee shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries.
B. Grantee shall install and maintain its system and other equipment in accordance with city codes and the requirements of the national electrical safety code and all other applicable FCC, state and local regulations, and in such manner that they will not interfere with city communications technology related to health, safety and welfare of the residents.
C. Cable system structures, and lines, equipment and connections in, over, under and upon the rights of way of city, wherever situated or located, shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of city or any person. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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