2007-124 Ordinance - Laserfiche WebLink

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? applicable; (C) providing a reasonable opportunity for the Service Provider or Contractor to pay any monies due the City before the City makes a claim against the Performance Bond or letter of credit or other instrument; and (D) that the Service Provider or Contractor will be given an opportunity to review the act, default or failure described in the notice with the Director of Public Service. (2) Each Service Provider and Contractor shall maintain the full value of the Performance Bond, letter of credit ar other instrument regardless of claims against the Performance Bond or letter of credit or other instrument made by, or paid to, the City. (3) Any draw upon the Performance Bond, letter of credit or other instrument to recover the City's costs related to a Service Provider use of the Right- of-Way shall be considered Public Way Fees as that term is defined in this Chapter and Chapter 4939 of the Ohio Revised Code and shall be assessed by the City Engineer in accordance with Chapter 4939 and other applicable law. (d) All information filed with the City pursuant Section 902.04(a), (b) or (c) shall be subject to review by, and the reasonable approval of, the Director of Law for compliance with those sections. 902.05 GENERAL RIGHT-OF-WAY USE REGULATIONS. (a) Rights Conveyed. Consent granted to, or initially presumed of, a Service Provider or Contractor to Occupy or Use the Right-of-Way under Section 902.02: (1) shall be limited to a grant to Occupy or Use the specific Right-of-Way and defined portions thereof including the specific System or Facilities and location along the Right-of-Way; (2) shall not confer any exclusive right, privilege, license or franchise to Occupy or Use the Right-of-Way of the City to operate a System for delivery of Services or any other purposes; and (3) shall not convey any right, title or interest in the Right-of-Way, but shall be deemed consent only to Occupy or Use the Right-of-Way for the limited purposes granted by the consent. Further, no consent shall be construed as any warranty of title. (b) Maintenance of Facilities. Each Service Provider shall maintain its System or Facilities in good and safe condition and in a manner that complies with all applicable federal, 5tate and local requirements. (c) Safetv Procedures. A Service Provider or Contractor shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable State and local requirements for the safety of all members of the general public and to prevent injury or damage to any Person, vehicle or property by reason of such wark in or affecting such Right-of-Way or property. (d) Interference with the Rights-of-Wav. No Service Provider may locate or maintain its Facilities so as to unreasonably interfere, as determined by the City Engineer, with the use of 13 s 1z7z??-1