Minutes 07/11/1961 - Laserfiche WebLink

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~42 TUESDAY JULY 11, 1961 Section 11. Safety Methods and Equipment. The grantee shall at all times employ a high"Standard of care and shall install and mainta.in in use approved mothods and devices for preventing failures or accidents which are likely to cause damages, injuries or nuisances to the public. Section 12. New Developrrents. Should, wi thin the period of this franchise, developrrents in the field of transmission of messages and tele- phoning services offer to the grantee the opnortunity to more effectively, efficiently or economically serve its customers through use of methods, materials or procedures not prescribed or embraced by the terrrs of this franchise, then the grantee may petition the city council for review of this franchise in line with such developments. Section 13. Liabili~. Subsec tion a. Damage Claims. The grantee shall be liable for and shall pay all damages which may result to persons or property ~~thin the city by reason of the construction, installation, maintenance, or operation of such telephone system, poles, towers, wires, calbes and conduits including claims for damages and judgments agairnt the city due to location or existence of equipment and facilities of the grantee or due to obstructions or defects in any street or alley which are in fact due directly or indirectly to the construction, operation or repair of structures owned or operated by the grantee, during the term d' this franchise. The grantee shall defend the city against all suits arising hereunder. Subsection b. Surety Boros. Upon acceptance by the grantee of a franchise contract undert,he 'conditions of this ordinance and before the grantee shall have any rights hereunder, the grantee shall file with the cle"l:'k of the ci vJ council for the benefit of the ci t:r a corporate bond, in a form to be approved by the ci t:r, in the sum of five thousand dollars ($5,000), securing it against the carelessness, neglir;ence, or fault of the grantee, or against any default upon the part of the grantee whereby the city shall be damaged, and conditioned to the effect t.'1at the grantee will comply in all res:p:l cts with the terms, provisions and conditions of this ordinance. Section 14. Restoration of Impaired Service. In the event of any interruption or impairment or- s ernce oy reaso n of force, nature, act of God, strike, breakdown, accident or other happening beyond the control of the grantee, the grantee shall use every reas onable effort and prompt diligence to restore such service with as little interruption as possible and in all events within a reasonable time, and such interruption or failure for said reasons shall not co nsti tute a breach of this franchise. Section 15. Approval of Transfer. No sale or no assignment of lease of a franchise or of privileges granted under this ordinance shall be effect- ive until it is approved by the council of the city. As a condition to consideration by the council of a sale or assignment the grantee shall file with the city manager written notice of the proposed sale or assignment and the vendee shall similarly file an instrument, duly executed, reciting the fact of such proposed sale or assignment, accepting the terms of t:d.s franchise, and agreeing to perform all of the condi Hons thereof.