2007-124 Ordinance - Laserfiche WebLink

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the Right-of-Way by the City, the general public or other Persons authorized to use or be present in or upon the Right-of-Way. All such Facilities shall be moved by the Service Provider, temporarily or permanently, as determined by the City Engineer. (e) Damage to Public and Private Property. No Service Provider or Contractor shall take any action or permit any action to be done which may impair or damage any City Property, Right-of-Way, Other Ways or other public or private property located in, on or adjacent thereto. (f) Restoration of Right-of-Way, Other Wavs and City Property., (1) When a Service Provider or Contractor does any Construction, Reconstruction, Excavation, Routine Maintenance, Emergency work or any other work in or affecting any Right-of-Way, Other Ways or City Property, it shall, after the work is completed and at its own expense, promptly remove any obstructions from and restore such ways or property, within ten (10) to sixty (60) days, at the City Engineer's discretion, to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. (2) If weather or other conditions prevent the complete restaration required by this Section, the Service Provider or Contractor shall temporarily restore the affected ways or property as reasonably directed by the City Engineer, at the Service Provider or Contractor's sole expense. The Service Provider or Contractor shall promptly undertake and complete the required permanent restoration when weather or other conditions no longer prevent permanent restorahon. (3) If the Service Provider or Contractor does not timely complete the required temporary or permanent restoration as directed by the City Engineer, the City may complete the restoration at the other party's expense and may draw upon the Performance Bond to reimburse the City for its costs incurred in performing the restoration. (g) Duty to Provide Information. Within ten (10) days of a written request from the City Engineer, each Service Provider and Contractor shall: (1) furnish the City with documentation sufficient to show that the Service Provider or Contractor has complied with all requirements of this Chapter; (2) make available for inspection by the City, at reasonable times, all books, records, maps and other documents, maintained by the Service Provider with respect to its Facilities in the Right-of-Way. (h) Leased Capacitx. A Service Provider shall have the right, without prior City approval, to lease capacity or bandwidth to an unaffiliated Service Provider, provided that if the lessee has authorized physical access to the Service Provider's Facilities: (1) The Service Provider shall notify the City of the lease agreement within thirty (30) days of such lease agreement, and (2) The lessee has complied with the applicable requirements of this Chapter. (i) Assignments ar Transfers of Consent. Consent to Occupy or Use the Right-of- Way may be, directly or indirectly, transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Service Provider or Contractor, by operation of law or 14 s1z7z9-i