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· of the s~ne, certified thereto by the grautee or its duly authorized officers. <br /> <br /> SECTION 12: The Engineer shall have power to give the grantee such directions <br /> for the location of any and all poles, wires, conduits and appurtenances as may be <br /> reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfull <br /> in or under the streets; and before the work of constructing any and all poles, wires, <br /> conduits and appurtenances is con~nenced, the grantee shall file with said Engineer plan <br /> showing the location thereof, which shall be subject to the approval of said Engineer <br /> ~such approval not to be uureasonably withheld)~ and all such construction shall be <br /> subject to the inspection of a~td Engineer and done to his reasonable satisfaction. <br /> All street coverings or openings of traps, vaults, and manholes shall at all times <br /> be kept flush with the surface of the streets; provided, however, that vents for under- <br /> ground traps, vaults and manholes may extend above the surface of the streets when said <br /> vents are Iocat~d in parkways, between the curb and the property line. <br /> <br /> Where it is necessary to lay any underground pipes or conduits through, u~der <br /> or across any portion of a paved or macadamized street, the same, where practicable and <br /> economically reasonable shall be ~one~by a tunnel or bore, so as not to disturb the <br /> foundation of such paved or macadamized street; and in the event that the same cannot <br /> be so done, such work shall be done under a permit to be granted by the Engineer upon <br /> application therefor. <br /> <br /> SECTION 13: If any portion of any street shall be damaged by reason of <br /> defects ~n any of the poles, wires, conduits and appurtenances maintained or constructed <br /> under this grant, or by reason of any other cause arising from the operation or existenc <br /> of any poles, wires, conduits and appurtenances constructed or maintained under this <br /> grant, said grantee shall, at its own cost and expense, immediately repair any such <br /> damag~ and restore such street, or portion of street, to as good a condition as existed <br /> before such defect or other cause of damage occurred, such work to be done under the <br /> <br /> direction of the Engineer, and to his reasonable satisfaction. <br /> SECTION 14: <br /> <br /> (a) If the grantee of this f~nchise shall fail, neglect or refuse to comply <br />with any of the provisions or conditions hereof, and shall not, within ten (10) days <br />after w~itten demand for compliance, begin the work of compliance, or after such <br />beginning shall not prosecute the same with due diligence to completion, then the City <br />by its legislative body, may declare this franchise forfeited. <br /> <br /> (b) The City may sue in its own name for the forfeiture of this franchise, <br /> in the event of non-compliance by the grantee, its successors or assigns, with any of <br /> the conditions thereof. <br /> <br /> SECTION 15: The grantee of this franchise shall pay to said City a sum of <br />money sufficient to reimburse it for all publication expenses incurred by it in connect- <br />ion with the granting of this fr~mehise; such payment to be made within thirty (30) <br />days after the City shall furnish such grantee with a written statement of such expenses <br /> <br /> SECTION 16: Within ten (10) days after the passage and publication of this <br />ordinance, the grantee shall file with the City Clerk a written acceptance of the <br />franchise hereby granted, and an agreement to comply with the terms and conditions hereo <br /> <br /> SECTION l?: The City Clerk shall certify to the passage of this ordinance <br />~nd shall cause the same to be published in three consecutive issues of the SANTA ANA <br />DALLY EVENING REGISTER, a daily newspaper printed, published and circulated in the City <br /> <br /> <br />