Part 6 — UTILITY CONFLICTS; RELOCATION OF FACILITIES

Any potable water franchise granted, and all rights and privileges granted thereunder, are and shall be subordinate to the right of city, and of the general public, to use and occupy any street or streets for any municipal or public uses or purposes.

(Ord. 24931.)

In addition to all other rights reserved to the city under this chapter, the following shall apply:

A.

City reserves the right for itself to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade or maintain below surface or above surface improvements of any type or description in, upon, along, across, under or over the streets of the city. City further reserves the right to relocate, remove, vacate or replace the streets themselves.

B.

If the exercise of these reserved rights conflicts with any pipes or appurtenances of a grantee constructed, maintained or used pursuant to the provisions of a franchise granted hereunder, whether previously constructed, maintained and used or not, or if a street or any part thereof is vacated and no easement is reserved to permit grantee to retain its facilities therein, grantee shall begin the work of physical field

construction, of changing the location of all conflicting facilities or equipment without cost or expense to city, within a reasonable time after written notice from the city or its authorized representatives.

C.

The work by grantee of removing its facilities from any street or part thereof required by this section shall be prosecuted with due diligence to completion.

D.

In the event the grantee fails to commence such work within such reasonable time after service of notice upon grantee, or fails to prosecute the work with due diligence to completion, the city may, if it should wish to so do, without limitation with respect to any other rights or remedies which it may have under the circumstances, cause the work required in the notice to be done and performed by city or its agents or contractors, and the grantee, in such event, shall pay the city the costs thereof within ten days after delivery to grantee of an itemized bill therefor. The cost of doing such work shall be considered to be the actual costs plus ten percent thereof for overhead.

(Ord. 24931.)

A grantee shall have no recourse whatever against city or any of its officers, employees or agents on account of such loss, injury or damage sustained by a grantee incurred or suffered by reason of the doing of any public work by the city, if the work was done without gross negligence on the part of city or of its officers, employees or agents.

(Ord. 24931.)

The enumeration of specific rights reserved to city in this chapter shall not be taken as exclusive, or as limiting the general reservations herein or as limiting rights accorded to the city by law.

(Ord. 24931.)