Ordinance No. 20167 - Laserfiche WebLink

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Section 4. Nothing in this Qrdinance shall be construed in any way to prevent the City from constructing and maintaining any public improvement in any public way. in its construction and maintenance of public improvements, the City shad endeavor not to obstruct or prevent the free use by Grantee of its communication facilities. Section 5. Whenever any of Grantee's communications facilities shall unnecessarily inconvenience the public or property owners, the City may require the removal or change of location of any such communications facilities at Grantee's expense. Section 6. Should it ever become necessary to temporarily rearrange or temporarily remove Grantee's communications facilities at the request of a private person or business, Grantee shall perform such rearrangement or removal as expeditiously as possible upon receipt of reasonable written notice from the person or business desiring the temporary change of location of the communications facilities. The notice shall: ~a} be approved by the City Manager, fib} detail the route of movement, ~c} provide that the costs incurred by Grantee in making the temporary change be borne by the person or business giving said notice, ~d} provide that the person or business giving the notice shall indemnify and hold harmless the Grantee of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary change of the Grantee's communications facilities, and fie} if required by Grantee, be accompanied by a cash deposit or a good and sufficient bond to pay any and all of the Grantee's estimated costs as estimated by Grantee. Section 7. Grantee shall at all times maintain all of its communications facilities in a good state of repair, and shall subscribe to a utility notification and locate service. if Grantee ceases to make use of its communications facilities within the public way for the purposes authorized by this franchise for a continuous period of six months or more, the facilities shall be deemed abandoned. Upon 15 days written notice to Grantee at its address indicated in its acceptance of this Qrdinance, City may require Grantee to remove the facilities and restore the public way at Grantee's sole cost and expense. if Grantee fails to remove the facilities and restore the public way within the 15 day period, City may, at its option and in its sole discretion, remove the facilities from the public way and require Grantee to pay for the full cost of removal and restoration of the public way, or City may assume possession and ownership of the facilities. If Grantee removes the facilities from the public way but fails to restore the public way to its prior condition, City may complete the repairs and bill Grantee for the full cost thereof. Grantee must notify City if itsub-leases its facilities to a provider that is not owned by Grantee. Section S. Grantee shall indemnify and save harmless the City of and from any and all damages of any kind or character growing out of or arising by reason of the maintenance of the Grantee's communications facilities in the City. Section 9. In consideration of the privileges and firanchise granted, Grantee shall pay to City an amount equal to seven percent ~7%} of Grantee's gross revenues from telecommunications Qrdinance - 2