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r <br />r <br />CI <br />X31 <br />-of the sane, certified thereto by the grantee or its duly authorized officers. <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 lawfully <br />in or under the streets; and before the work of constructing any and all poles, wires, <br />conduits and appurtenances is commenced, the grantee shall file with said Engineer plans <br />showing the location thereof, which shall be subject to the approval of said Engineer <br />.{such approval not to be unreasonably withheld); and all such construction shall be <br />subject to the inspection of skid Engineer and done to his reasonable satisfaction. <br />All street coverings or openings of traps, v wilts, 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 located in parkways, between the curb and the property line. <br />Where it is necessary to lay any underground pipes or conduits through, udder <br />or across any portion of a paved or macadamized street, the same, where practicable and <br />economically reasonable shall be done.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 />SECTION 13: If any portion of any street shallL be damaged by reason of <br />defects in 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 existene, <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 />damage 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 Mork to be done under the <br />direction of the Engineer, and to his reasonable satisfaction. <br />SECTION 14; <br />(a) If the grantee of this franchise 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 written 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 />(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 />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 franchise; 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 />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 heree <br />SECTION 17: The City Clerk shall certify to the passage of this ordinance <br />and shall cause the same to be published in three consecutive issues of the SANTA ANA <br />DAILY EVENING REGISTER, a daily newspaper printed, published and circulated in the City <br />