The permittee shall not interfere with any existing facility without the written consent of the Building Inspector and the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner. No facility owned by the city shall be moved to accommodate the permittee unless the cost of the work be borne by the permittee. The cost of moving privately-owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across the work. The permittee shall secure approval of method of support and protection from the owner of the facility. In case any of the pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose, pipe coating or other incasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of the repairs shall be charged to the permittee. It is the intent of this section that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of facility damage and the assumption of liability is a contractual obligation of the permittee. Provided, however, notwithstanding the foregoing in instances where damage is exclusively due to the negligence of the owning utility, the utility shall bear the expense of repair. The city shall not be made a party to any action because of anything contained herein. It shall be and remain the obligation of the permittee to inform itself as to the existence and location of all underground facilities and protect the same against damage.
(Ord. 440, passed 11-13-1984) Penalty, see § 95.99