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05-29-1990 Council Packet
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05-29-1990 Council Packet
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repair, maintenance and location of Electric Facilities shall be <br />subject to other reasonable regulations of the City. <br />3.2 Field Locations. The Company shall provide field <br />locations for any of its underground Electric Facilities within a <br />reasonable period of time on request by the City. The period of <br />time will be considered reasonable if it compares favorably with <br />the average time required by the cities in the same county to <br />locate municipal underground facilities for the Company. <br />3.3 Street Openings. The Company shall not open or disturb <br />the paved surface of any Public Way or Public Ground for any <br />purpose without first having obtained permission from the City, <br />for which the City may impose a reasonable fee. Permit condi <br />tions imposed on the Company shall not be more burdensome than <br />those imposed on other utilities for similar facilities or work. <br />The Company may, however, open and disturb the paved surface of <br />any Public Way or Public Ground without permission from the City <br />where an emergency exists requiring the immediate repair of <br />Electric Facilities. In such event the Company shall notify the <br />City by telephone to the office designated by the City before <br />opening or distributing a paved surface of a Public Way or Public <br />Ground. Not later than the second working day thereafter, the <br />Company shall obtain any required permits and pay any required <br />fees. <br />3.4 Restoration. After undertaking any work requiring the <br />opening of any Public Way or Public Ground, the Company shall <br />restore the same, including paving and its foundation, to as good <br />condition as formerly existed, and shall maintain the same in <br />good condition for two years thereafter. The work shall be <br />completed as promptly as weather permits, and if the Company <br />shall not promptly perform and complete the work, remove all <br />dirt, rubbish, equipment and material, and put the Public Way or <br />Public Ground in the said condition, the City shall have, after <br />demand to the Company to cure and the passage of a reasonable <br />period of time following the demand, but not to exceed five days, <br />the right to make the restoration at the expense of the Company. <br />The Company shall pay to the City the cost of such work done for <br />or performed by the City, including its administrative expense <br />and overhead, plus ten percent additional as liquidated damages. <br />This remedy shall be in addition to any other remedy available to <br />the City. <br />3.5 Shared Use of Poles. The Company shall make space <br />available on its poles or towers for City fire, water utility, <br />police or other City facilities whenever such use will not <br />interfere with the use of such poles or towers by the Company, by <br />another electric utility, by a telephone utility, or by any cable <br />television company or other form of communication company. In <br />addition, the City shall pay for any added cost incurred by the <br />Company because of such use by City.
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