(a) The utility, its successors and assigns, shall not unnecessarily obstruct the passage of any of the highways, streets, alleys or other public places within the City and shall, within a reasonable time after making an opening or excavation, repair the same and leave it in as good condition as before the opening or excavation was made.
(b) The utility, its successors and assigns, shall use due care in exercising the privileges here contained.
(c) The utility, its successors and assigns, shall defend and save harmless the City from any and all claims or lawsuits alleging property damage or injury arising out of the operation of the franchise or construction work, including all acts or omissions or negligence of the utility or its officers, agents, servants or assigns.
No road, street, alley, highway or public place shall be used for the laying of lines, poles, pipes, wire, conduit, or mains or other devices, either below ground or above ground, by a new or existing franchisee, permittee or licensee, except upon application to the Department of Engineering of the City or other authority having jurisdiction in the premises, and the payment of any fees, stating the nature of the proposed work, the method of construction and the route. Upon receipt of such application, it shall be the duty of the Department of Engineering or such other authority as may have jurisdiction to review the proposed plans to ensure payment of all fees and compliance with the City Charter and these Codified Ordinances, and to issue a work permit upon compliance. Such approval shall not be unreasonably withheld, but the City shall regulate the location of such facilities. Liability for performance of any work lies solely with the utility notwithstanding the City's review and approval, including the issuance of work permits and inspection. Once a work permit is issued, the Department of Engineering will be notified when any work is to take place so that employees of the Department of Public Services can be present. All pipes, wires, conduit, lines, cable or mains shall be underground unless the City determines that underground is not reasonable. The applicant shall file a bond with the City of fifty thousand dollars ($50,000) to guarantee the timely performance and restoration of any construction in the right-of-way.
(Ord. 702. Passed 7-19-00.)