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<br />;40
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<br />TUES DAY
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<br />,iULY :U, 1961
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<br />Any such obstruction or defect which, after proper notice to the grantee
<br />directing removal or repair as the case may be, is not promptly removed,
<br />repaired or corrected by -the grantee, may be removed or corrected by the
<br />city, and the costs thereof shall be charged against the grantee and may
<br />be enforced as a lien upon any of its properties or assets. Expense of
<br />damage, relocation or replacerrent to city utility lines, sanitary sewers,
<br />storm sewers, and storm drains, where such expense results from cons truc-
<br />tion or mainte nance of the gran tee's I ines or fac ili ties, shall be borne
<br />by the grantee and any expense incurred in connection thereto by the city
<br />shall be reimbursed by the grantee.
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<br />(3) The grantee shall not open or disturb or encumber, at any
<br />ore time, any more of such public streets than may, in the opinion of the
<br />directcr of public works of t he city, be rea:>o nably necessary to enable
<br />it to proceed wi tb advantage in laying or repairing its lines or conduit.
<br />Neither shall the grantee permit any such street, sidewalk or public place,
<br />so opened, disturbed or encumbered by it in the installation, cons truction,
<br />or reTlair of its lines or conduit, to remain open or the public way dis-
<br />turbed or encumbered for a longer period of tirre than shall, in the opinion
<br />of the director of public works, or other prODer official of the city, be
<br />reasonably necessary. In all cases where any street or public place shall
<br />be excavated, disturbed or encumbered by the grantee, the grantee shall
<br />take all precautions necessary or proper for the nrotection of the public
<br />and shall maint8.in adequate warning signs, barricades, signals, and other
<br />devices necessary or proper to a.dequately give notice and warning to the
<br />public of the existence of all actual conditions present.
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<br />(4) Whenever the city shall widen, reconstruct, realign, pave
<br />or repave any street or public nlace, or shall change the grade or line of
<br />any street or public place or shaJ.l construc t or recoIlS truct any conduit,
<br />water main, sewer or water connection, or other municipal works or utility,
<br />it shall be the duty of -the grantee, when so requested by the city, to
<br />change its lines, conduits, services, and other property in the streets or
<br />public places at its own expense so as to conform to the new widening,
<br />location, alignment or grade of such street or public place and so as not
<br />to interfere v;ith the conduits, sewers, and other mains as constructed or
<br />reconstructed. Upon wri tten notice by the city of its intended work, above
<br />specified, the grantee shall vrithin a reasonable period of time accomplish
<br />its obligation in accordance with and to conform to the plans of the city
<br />for such construction, reconstruction or improvements. However, the grantee
<br />stL8.l1 not be required to relocate telephone lines, whether above or below
<br />the ground elevation, when the street or public ground in which they are
<br />located is vacated for the convenience of abutti~ property owners and not
<br />as an incident to a public improvement.
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<br />Section 6. Rates. The 2Tantee shall supply telephone service to
<br />customers witllin ~e city at reasollitble rates. It is recognized that,
<br />under the statutes of the Commonwealth of Virginia, the State C orpora-tion
<br />COl1unission is vested vlith legal authority to supervise, fix or change rates
<br />and charges authorized to be charged by the grantee to its customers. It
<br />shall also be recognized by both the grantee and the city that matters
<br />involving rate charges and changes are 10ca1 in their application and effect
<br />and that the city, through its city c ounc il shall be vIi thin i ts privileges
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