61-252 - Laserfiche WebLink

Home Browse Search

(3) (4) (6) (7) thereto. In case of conflict between any provision hereof and said Charter or Ordinances, the Charter or Ordinance provisions sh~l q be controlling. The grantee sha3_l have the right, subject to such regulations, laws and ordinances as are now or may hereafter be in force, to make all necessary excavations in the public streets~ a]]eys and ways for the construction, maintenances operation~ renewal, repair~ change in the size and removal of the pipe line constructed, maintained or operated under the franchise. The work of eonstructing~ maintaining, operating, renewing, repairing, changing the size and removing the pipe line, be conducted with the least possible obstruction and inconvenience to the public and with the least ~ossible hindrance to the use of the streets, a]leys, and ways for purposes of travel. excavations shall be backfilled and the surface placed in as good condition as it was at the beginning of such work and to the satisfaction of the Street Superintendent. The grantee sha3_l hold the City of S~uta Ana~ its City Council and other officers~ harmless from any claims for damage or injury suffered by any person by reason of any excavation or obstruction in said streets~ ~lleys or ways occasioned by the construction, maintenance~ opera- tion, repair, or removal of any pipe line of the grantee under said franchise and shall be responsible for any such damage or injury. The City of Santa Ana reserves the right to change the grade or line of any street, a3_ley or way in which the pipe line is constructed~ maintained or operated under the franchise and upon receiving notice from the City Council of its intention so to do, the grantee s~al] promptly and at its own cost and expense, change the location of a11 such facilities and their appurtenances where necessary to conform to such change of grade or line. Any ~ge caused to any public improvement by the grantee in exer- cising any right or duty under or pursuant to the provisions of the ordinance granting the franchise s~.]] be promptly repaired by the grantee at its sole cost and expense. The grantee sh~]] repair at its own expense any damage caused to any street, alley, way or other public property of the City of Santa Ana by reason of any breaks, leaks or failure of the pipe line constructed, maintained or operated under said franchise. In the event the grantee shsd_l fail to make any such repairs within ten (10) days after receipt of a notice and d~mand therefor from the City, the City may make such repairs at the cost and expense of the grantee, which cost, by the acceptance of the franchise, the grantee sh~ll agree to pay upon demand. The grantee sh~.11 pay to the City at the times h~reinafter specified~ in lawful money of the United States, at the rate of one-ha] f cent (½) per inch of internal diameter per lineal foot per year for each pipe line maintained in public streets, a]leys or other public ways by virtue of the authority granted by the franchise~ provided however that such payment shall in no event be less than a sum annually which sha!l be equivalent to two per cent (~) of the gross ~un~m.] receipts of grantee arising from the use~ operation or possession of this franchise; provided, however, that such payment shall in no event be less than one per cent (1%) of the gross annual receipts of the grantee derived from the sale within the l~.mlts of the City of the utility service -2-