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<br />3i
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<br />TUES DAY
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<br />~l~,_ 1961
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<br />Section 5. Use of Streets.
<br />Subsection a. General Control and IDcation of Lines and Conduit. The
<br />grantee, in any openj.ng it shall make in the streets in the ci W, shall be
<br />subject to the provisions of this franchise and to all applicable ordiru:>..nces
<br />and regulations. All poles erected by the grantee shall be neat and symmet-
<br />rical and shall be so located as to in no way interfere with the safety or
<br />convenience of pers ons traveling on or over the streets and public places.
<br />The c:L ty reserves the right by resolution or othervdse to further or speci-
<br />fically designate the locations of any poles, towers, lines, cable or conduit,
<br />with reference to other municipal facilities such as sewer and water mains,
<br />elect:C'ic poles and lines and other services, or to other facilities such as
<br />gasiines and public electric utilities, in such a manner as to promote the
<br />public safety and to protec t public property. Failure by the city to so
<br />designate shall not relieve the grantee of responsibility in matters of
<br />public safety. The grantee shall construct and locate poles, lines and con-
<br />duit as not to interfere with me corntruction, location, and maintenance of
<br />sewer or water service lires or mains. Any designation of location required
<br />or authorized herein shall be accomplished by the city so as not to unnecess-
<br />arily jelay the gra,'1tee in any of its opera.tions.
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<br />Subsection b. Disturbance of Streets - Restoration.
<br />(1) The city council may require that ,~Titten permits, in aI\Y or
<br />all cases, be obtained by the rrantee from the director of public works of
<br />the city before and whenever it becomes recessary for the grantee to excavate
<br />in the streets of the ci tor in order to install, cons truct, extend, or repair
<br />any of the telephone lines, poles, towers or conduit or services therein or
<br />thereon. Such permits, if required, rr.a.y be applicable to any or all types of
<br />excavatioPB as prescribed by the city council. Such uermits, further, shall
<br />state the partj cular part. or point of the streets wherein said construction
<br />or excavation is to be made and the length of time in Yv11 ich such permit shall
<br />authorize such work to be done. Exception to reqnirenent for -permit shall be
<br />permitted in cases of emergencies i evolvi nr; public safety.
<br />(2) Irmnedietely after poles, towers, conduit, lines, manholes are
<br />installed or repa.ired, by the grantee to this ordinance, the ire idental
<br />trenches or excavations shal1 be refilled by the grantee in a rr.a.rmer accept-
<br />able to the director of public works. Pavenent, sidewalks, curbs, gutters,
<br />or other portions of streets or public places oostroyed, disturbed or darnaged
<br />by such work shall be promptly restored and reDlaced with like materials to
<br />their forrrer condition by the grantee at its own expense; however, where it
<br />is necessary, and if permitted, in order to achieve former condition to use
<br />materials whose tyoe, specif ications or quantities exceed or are different
<br />than those used in the orir~inal corntruction or installation, then the grantee
<br />at its own expense shall provide such different mterials. vVhere a cut or
<br />disturbance is made in a section of sidewalk paving, rather than replacing
<br />only the area actually cut, the grantee shall replace the full width of the
<br />existing walk and the full length of the section or sections cut, a section
<br />being determj.ned as tffit area r.18rked by expansion joints or scoring. The
<br />grantee shall maintain, repair and keep in good condition, for a period of
<br />one yearfoll owi ng such disturbance, all portions of streets disturbed by
<br />it or its agents, provided such maintenance and repair shall be made necessary
<br />because of defective workmanship or materials supplied by g~antee. The grantee
<br />shal1 in any street promptly remove or correct any obstruction or defect which
<br />may be caused by the r,rantee or its Brents in the operation or maintenance of
<br />the grantee's nroperties.
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