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(a) Nothing in this Chapter shall be construed to provide an exclusive right to any Provider to make use of the Public Ways or Public Property, and the City reserves the right to make a similar use of such Public Ways or Public Property, or to permit other persons to do so. Except as otherwise provided herein or by a Competent Authority, the Provider's work in or occupancy of the Public Ways or Property shall be at no direct expense to the City.
(b) The Provider shall not unreasonably interfere with the use or occupancy of the Public Ways or Property by others. The City agrees to use reasonable efforts to prevent its employees, contractors, subcontractors, franchisees, licensees and permittees from unreasonably interfering with the rights of the Provider in the Public Ways or Property.
(Ord. 1038-98. Passed 9-29-98.)
(a) The City expressly reserves the right to enforce reasonable regulations concerning any Provider's access to or use of the Public Ways or Property. The Provider shall obtain all required permits before beginning any construction or other work in the Public Ways or Property. The Provider shall comply with the standard permit procedures of the City's departments for its operations in Toledo. The City shall not unreasonably delay, withhold or withdraw any permit or approval the Provider is required to obtain. The City may inspect the Provider's work in the Public Ways or Property to assure that such work complies with permit requirements.
(b) The Provider shall be required to obtain a right of way permit under Chapter 945. Upon the issuance of a right of way permit by the City, the Provider shall no longer be subject to sections 947.07 and 947.08 of this chapter for as long as it holds a valid permit under Chapter 945.
(Ord. 1038-98. Passed 9-29-98; Ord. 375-02. Passed 10-8-02.)
(a) When the Provider does any work in or affecting the Public Ways or Property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such Public Ways or Property to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. If weather or other conditions do not permit the complete restoration required by this paragraph, the Provider may, with the approval of the City, temporarily restore the affected Public Ways or Property, provided that such temporary restoration is at the Provider's sole expense and provided further that the Provider promptly undertakes and completes the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Upon the request of the City, the Provider shall restore the Public Ways or Property to a better condition than existed before the work was undertaken, provided that the City shall bear any additional costs of such restoration. If the Provider fails to promptly restore the Public Ways or Property as required by this section, the City may, upon giving 14 days written notice to the Provider, restore or cause to be restored such Public Ways or Property or remove the obstruction therefrom, at the expense of the Provider.
(b) Upon receiving at least 30 days written notice from the City, the Provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Utility Facilities in Public Ways or Property, whenever the City shall have determined that such removal, relocation, change or alteration: (1) Is reasonably necessary to the construction, repair, maintenance, improvement or use of such Public Ways or Property; (2) Is reasonably necessary to the location, construction, replacement, maintenance, improvement or use of other property of the City; or (3) Is reasonably necessary for the operations of the City.
In connection with such removals, relocations, changes or alterations, the City shall take reasonable steps to minimize the Provider's expense.
(c) From time to time, when Provider believes it to be warranted by existing conditions, the Provider shall, at its own expense, cause the trees and vegetation growing upon or overhanging any of the Public Ways or Property in the City where Utility Facilities are erected to be trimmed in such a manner that there shall be a proper clearance between the nearest wires or equipment and any portion of the trees or vegetation. Said trees and vegetation shall be trimmed so that no branches, twigs or leaves come in contact with or in any way interfere with the Utility Facilities and all debris shall be removed from the site. The Provider shall exercise reasonable care to avoid unnecessary destruction of or serious harm to trees located in the Public Ways or Property. The Provider shall notify the City no less than seven days before it plans to perform such work.
(Ord. 1038-98. Passed 9-29-98.)
(a) The Provider, its successors and assigns, shall protect and hold the City harmless against all claims for damages or demands for damages to any person or property by reason of the provision of electric energy within the City, either directly or indirectly, or by reason of any act, negligence, or nonfeasance of the contractors, agents or employees of the Provider, its successors or assigns.
(b) The Provider shall not be deemed in violation of this chapter for the delay in performance or failure to perform in whole or in part its obligations under this chapter due to strike, war or act of war (whether an actual declaration is made or not), insurrection, riot, act of public enemy, fire, flood or other act of God or by other events to the extent that such events are caused by circumstances beyond the Provider’s control and are not caused by negligence on the part of the Provider or any person acting on its behalf. In the event that the delay in performance or failure to perform affects only part of the Provider's capacity to perform its obligations under this chapter, the Provider shall perform such obligations to the extent it is able to do so in as expeditious a manner as possible. The Provider shall promptly notify the City in writing of an event covered by this paragraph and the date, nature and cause thereof. Furthermore, the Provider, in such notice, shall indicate the anticipated extent of such delay and the obligations under this chapter to be affected thereby.
(Ord. 1038-98. Passed 9-29-98.)
No Provider shall refuse to employ any person in any capacity in the operation or maintenance of its service in the City on account of the race, color, religion or sex of such person and shall comply with all other laws governing discrimination in employment.
(Ord. 1038-98. Passed 9-29-98.)
The City reserves the right to acquire all or any part of the Utility Facilities located within the City of Toledo which are owned by a Provider free and clear of all mortgage and other liens, in accordance with the eminent domain laws of the State of Ohio and the Constitution and laws of the United States. Nothing contained in this chapter shall prevent the Provider from asserting, or the City from opposing, that just compensation, determined as part of an eminent domain proceeding, for the Provider should include recovery by the Provider of stranded costs and/or competitive transition charges associated with the transition of the electric utility industry in Ohio to a more competitive environment, to the extent permitted by state or federal law on the Utility Facilities sought by the City. However, any such request for such stranded costs/competitive transition charges as part of just compensation in an eminent domain proceeding shall be associated with the actual generation, transmission or distribution facilities sought by the City as part of said eminent domain proceeding and shall not include any stranded costs/competitive transition charges associated with the real property on which such generation, transmission or distribution facilities sought by the City are located.
(Ord. 1038-98. Passed 9-29-98.)
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