AgdaPkt 2013-01-14 - Laserfiche WebLink

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6.4.A. - Page 18 below the bottom of such facilities, and shall release the City from all liability or claims resulting from such potholing. C. If any removal, re-laying, or relocation is required to accommodate the construction, operation, or repair of the facilities of another person or entity (not the City) that is authorized to use the public rights-of-way, a permittee shall, after thirty (30) days advance written notice, take action to effect the necessary changes requested by the responsible entity. Unless the matter is governed by a valid contract or a State or Federal law or regulation, the reasonable cost of removal, re-laying or relocation shall be borne by the party requesting the removal, re-laying or relocation. The City may direct a permittee to remove, re-lay or relocate its facilities pending resolution of a dispute as to responsibility for costs, if the person requesting removal, re- laying or relocation posts a satisfactory bond or provides other adequate security. D. In the event of an emergency, or where the facilities of a permittee creates or is contributing to an imminent danger to health, safety, or property, the City may remove, relay, or relocate any or all parts of such facilities, without prior notice; however, the City shall make reasonable efforts to provide prior notice. E. A permittee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the permittee shall have the authority to estimate the reasonable material and labor costs and require payment of the same in advance. The permittee shall be given not less than seven days advance notice to arrange for such temporary wire changes. If the City is the entity making such request, the raising or lowering of lines shall be done by permittee at its own expense. F. No person shall, without obtaining a permit pursuant to this chapter, install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision or parcel map approved by the City, except those installed or erected upon public utility facilities already then existing. G. Any contractor or subcontractor used for work or construction, installation, operation, maintenance, or repair of facilities to be installed pursuant to a permit authorized by this chapter must be properly licensed under laws of the State and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as the permittee would have under this chapter and applicable law if the work were performed by permittee. The permittee shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with this ATTY/ORD.377/AMENDING CHAPTER 29 STREETS, SIDEWALKS AND DRIVEWAYS REV: 11-16-12 JS Page 15 of 28