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Ord 2390
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Ord 2390
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Last modified
1/30/2013 10:44:04 AM
Creation date
1/30/2013 10:44:02 AM
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
1/28/2013
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01/28/2013 <br /> C. If any removal, re-laying, or relocation is required to accommodate the <br /> construction, operation, or repair of the facilities of another person or entity <br /> (not the City) that is authorized to use the public rights-of-way, a permittee <br /> shall, after thirty (30) days advance written notice, take action to effect the <br /> necessary changes requested by the responsible entity. Unless the matter is <br /> governed by a valid contract or a State or Federal law or regulation, the <br /> reasonable cost of removal, re-laying or relocation shall be borne by the party <br /> requesting the removal, re-laying or relocation. The City may direct a <br /> permittee to remove, re-lay or relocate its facilities pending resolution of a <br /> dispute as to responsibility for costs, if the person requesting removal, re- <br /> laying or relocation posts a satisfactory bond or provides other adequate <br /> security. <br /> D. In the event of an emergency, or where the facilities of a permittee creates or <br /> is contributing to an imminent danger to health, safety, or property, the City <br /> may remove, relay, or relocate any or all parts of such facilities, without prior <br /> notice. However, the City shall make reasonable efforts to provide prior <br /> notice. <br /> E. A permittee shall, on the request of any person holding a valid permit issued <br /> by a governmental authority, temporarily raise or lower its wires to permit the <br /> moving of buildings or other objects. The expense of such temporary removal <br /> or raising or lowering of wires shall be paid by the person requesting the <br /> same, and the permittee shall have the authority to estimate the reasonable <br /> material and labor costs and require payment of the same in advance. The <br /> permittee shall be given not less than seven days advance notice to arrange <br /> for such temporary wire changes. If the City is the entity making such request, <br /> the raising or lowering of lines shall be done by permittee at its own expense. <br /> F. No person shall, without first obtaining a permit issued pursuant to this <br /> chapter, install or erect any facilities or apparatus in or on other public <br /> property, places or rights-of-way, or within any privately owned area within the <br /> City which has not yet become a public street but is designated or delineated <br /> as a proposed public street on any tentative subdivision or parcel map <br /> approved by the City, except those installed or erected upon public utility <br /> facilities already then existing. <br /> G. Any contractor or subcontractor used for work or construction, installation, <br /> operation, maintenance, or repair of facilities to be installed pursuant to a <br /> permit authorized by this chapter must be properly licensed under laws of the <br /> State and all applicable local ordinances, and each contractor or <br /> subcontractor shall have the same obligations with respect to its work as the <br /> permittee would have under this chapter and applicable law if the work were <br /> performed by permittee. The permittee shall be responsible for ensuring that <br /> the work of contractors and subcontractors is perFormed consistent with this <br /> chapter and other applicable law, shall be responsible for all acts or <br /> omissions of contractors or subcontractors, shall be responsible for promptly <br /> ATTY/ORD.377/AMENDING CHAPTER 29 STREETS,SIDEWALKS AND DRIVEWAYS ORD.#2390 <br /> REV:01-22-13 PT FORMERLY MUFF#305 <br /> Page 15 of 28 <br />
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