City Council Study Session Agenda and Packet 2004 10 12

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maintain the Facilities underground, or unless underground installation is required by the PUC or is provided for pursuant to Article 9 herein. §4.3 Excavation and Construction. All excavation and construction work performed by the Company shall be performed in accordance with all lawful ordinances and regulations of the City and in a manner that minimizes inconvenience to the public. All property disturbed by Company excavation or construction shall be restored by the Company at its expense to substantially its former condition. §4.4 Damage. The Company shall promptly repair all damage to the Streets or property in the Streets and eliminate any dangerous condition in the Streets caused by Company activities or Facilities. If such damage poses an immediate hazard to the health or safety of the public, the City shall provide notice of the situation to the Company immediately, or as soon as practicable under the circumstances, and may take reasonable action to abate said hazard, and the Company shall reimburse the City for said reasonable action; provided, however, that the Company shall not be liable for costs incurred by the City for providing emergency police or fire services generally made available to the public. In all other instances of damage to the Streets or property in the Streets or dangerous conditions in the Streets caused by Company activities or Facilities, the City shall give notice to the Company of the damage or condition and allow the Company a reasonable time to repair said damage or eliminate said condition. If the Company fails to repair the damage or eliminate the condition within a reasonable time after notice, the City may repair the damage or eliminate the condition, but shall not perform any work on Company Facilities. §4.5 Inspection. All work on Company Facilities in the Streets is subject to inspection by the City to ensure that said work has been performed in accordance with all applicable City ordinancesand regulations and in accordance with the terms of any permits or licenses required by the City.to the extent the same are applicable to all franchised,. licensed, or DPS \56925 \478939.02 DRAFT CITY OF LOUISVILLE ORDINANCE -7- Deleted: By way of example and not limitation, the Company shall, except in the case of emergencies requiring immediate response, obtain a permit from the City prior to any excavation in or obstruction of the Streets, and obtain all City inspections and approvals incident to such activity. Deleted: , not to exceed twenty-one (21) days Deleted: , resolutions, ....................................... ............................... { Deleted: and standards