Agenda - Planning Commission - 07/01/1997

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" Registrant who has Equipment located in the area to be Excavated shall mark the horizontal and approximate vertical placement of all said Equipment. Any Registrant whose Equipment is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the Excavation contractor in an effort to establish the exact location of its Equipment and the best procedure for Excavation. Sec. 1.12. Damage to Other Equipment. When the Director (or Department) performs work in the Right-of-Way and finds it necessary to maintain, support, or move a Registrant's Equipment in order to protect it, the Director (or Department) shall notify the Local Representative as early as is reasonably possible. The costs associated therewith will be billed to that Registrant and must be paid within thirty (30) days from the date of billing. Each Registrant shall be responsible for the cost of repairing any Equipment in the Right- of- Way which it or its Equipment damages. Each Registrant shall be responsible for the cost of repairing any damage to the Equipment of another Registrant caused during the City's response to an Emergency occasioned by that Registrant's Equipment. Sec. 1.13. Right-of-Way Vacation. If the City vacates aRight -of- Way which contains the equipment of a Registrant, and if the vacation does not require the relocation of Registrant or Permittee Equipment, the City shall reserve, to and for itself and all Registrants having Equipment in the vacated Right-of-Way, the right to install, maintain and operate any Equipment in the vacated Right-of-Way and to enter upon such Right-of-Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. If the vacation requires the relocation of Registrant or Permittee Equipment and (a) if the vacation proceediJigs are initiated by the Registrant or Permittee, the Registrantmust pay the relocation costs; or (b) if the vacation proceedings are initiated by the City, the Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City and the Registrant or Permittee; or (c) if the vacation proceedings are initiated by a Person or Persons other than the Registrant or Permittee, such other Person or Persons must pay the relocation costs. Sec. 1.14. Indemnification and Liability. By reason of the acceptance of a registration or the grant of a Right-of-Way Permit, the City does not assume any liability (a) for injuries to Persons, damage to property, or loss of Service claims by parties other than the Registrant or the City, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of Equipment by Registrants or activities of Registrants. 12 ~