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<br />11. <br /> <br />12. <br /> <br />devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any <br />other public construction within the Rights-of-Way of City limits. <br /> <br />c. <br /> <br />If, during the term of this Franchise, Grantee is contacted by USA, also known as <br />the Underground Service Alert, Grantee shall either: (a) locate and, if necessary, <br />expose its facilities in conflict or (b) use a location service under contract with <br />City to locate or expose its facilities. <br /> <br />City's Rights. <br /> <br />a. <br /> <br />Subject to the notice provisions of Section 3.12(a) below, City shall have the right <br />to require Grantee to relocate any part of Grantee's Cable System within the <br />Rights-of-Way when the safety, health or welfare of the public requires such <br />change, and the expense thereof shall be paid by Grantee. Should Grantee fail to <br />remove or relocate any such facilities by the date reasonably established by City, <br />City may effect such removal or relocation, and the expense thereof shall be paid <br />by Grantee, including all costs and expenses incurred by City due to Grantee's <br />delay. If City requires Grantee to relocate its facilities located within the Rights- <br />of- Way, City shall make a reasonable effort to provide Grantee with an alternate <br />location within the Rights-of-Way. This section does not apply to underground <br />conversions, see Section 3.3 "Use of Existing Poles or Conduits". Ifpublic funds <br />are available to any Person using such Rights-of-Way for the purpose of defraying <br />the cost of any of the foregoing, the City shall upon written request of the Grantee <br />make application for such funds on behalf of the Grantee. <br /> <br />b. <br /> <br />Nothing in this Franchise shall be construed to prevent City from constructing, <br />maintaining, repairing or relocating sewers; grading, paving, maintaining, <br />repairing, relocating and/or altering any Right-of-Way; constructing, laying down, <br />repairing, maintaining or relocating any water mains; or constructing, <br />maintaining, relocating, or repairing any sidewalk or other public work. <br /> <br />Facilities in Conflict. If, during the course of a project, City determines Grantee's <br />facilities are in conflict, the following shall apply: <br /> <br />a. <br /> <br />Prior to City Notice to Proceed to Contractor: Grantee shall, within a reasonable <br />time, but in no event exceeding thirty (30) days, remove or relocate the <br />conflicting facility. This time period shall begin running upon receipt by Grantee <br />of written notice from City. However, ifboth City and Grantee agree, the time <br />frame may be extended based on the requirements of the project. <br /> <br />b. <br /> <br />Subsequent to City Notice to Proceed to Contractor: City and Grantee will <br />immediately begin the coordination necessary to remove or relocate the facility. <br />Removal or relocation is to begin no later than seventy-two (72) hours, if <br />practicable, after written notification from City ofthe conflict. <br /> <br />12 <br />