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the extent not preempted by federal law, rules or regulations, Grantee shall do no work affecting the <br />public way w~thout first obtaining the permits required by City~ which may include plan submittal, <br />approval mhd the payment of fees before work begins. Grantee shall furnish all necessary material <br />and labor to install and maintain its facilities at its own expense. <br /> <br /> 4.2 City. Nothing in this Ordinance shall be construed in any 'way to <br />prevent City from constructing and maintaining any public improvement in any public way, except <br />that the City agrees that any public improvement in the public ways designated in Section 2 herein <br />shal! be constructed and maintained in such a manner as does not unreasonably interfere with the free <br />and unobstructed use by Grantee of its facilities in the public ways. <br /> <br /> 4.3 Grantee shall construct and maintain its tracks in the public ways <br />designated in Section 2 herein so that the top of the rails shall at all times conform to the street grade <br />(except Where the change made is separation of grades). The City hereby reserves the right to change <br />the grade of any public way at any time. When the City shall change the grade of the public ways, <br />Grantee hereby agrees to waive any and all damages that it may sustain on account of having to <br />readjust its tracks by reason of the change of grade. Grantee makes this waiver upon condition that <br />any ch~ge of grade hereafter made by the City to the public ways designated in Section 2 herein <br />shall not be unreasonable or such as to interfere w-ith the proper and practical operation of Grantee's <br />~hcitkies after adjustment to the new grade. <br /> <br /> Section 5~ Abando~ent of Facilities. If Grantee ceases to make use of its facilities <br />within the public way for the purposes authorized by this franchise for a continuous period of one <br />year or more and Grantee does not then intend to operate the facilities and has no federal common <br />cm~rier Or other obligation to maintain service, the facilities shall be deemed abandoned. Upon <br />written notice to Grantee at its address indicated in its acceptance of this Ordinance, City may then <br />reo?aire Grantee to remove the facilities and restore the public way at Grantee's sole cost and <br />expense. If Grantee ~hils to commence removal within 90 days and remove the facilities and restore <br />the public way within one year of receipt of notice from City, City may, at its option and in its sole <br /> <br />Ordinance - 3 <br /> <br /> <br />