<br />
<br />
<br />
<br />
<br />
<br /> Section 6. The CITY reserves the right to lay, and
<br />
<br /> permit to be laid, sewer, gas, water, electric, and other
<br /> pipelines or cables or conduits, and to do and permit to be done
<br />
<br /> any underground and overhead installation or improvement that may
<br />
<br /> be deemed necessary or proper by the governing body of the CITY
<br /> in, across, along, over or under any street, alley, highway,
<br />
<br /> public thoroughfare, public utility easement or public way
<br />
<br /> occupied by PCI, and to change any curb or sidewalk or the grade
<br />
<br /> of any street. In permitting such work to be done, the CITY
<br /> shall not be liable to PCI for any damage so caused, nor shall
<br />
<br /> the CITY be liable to PCI for any damages arising out of the
<br />
<br /> performance by the CITY or its contractors or subcontractors, not
<br /> willfully and unnecessarily occasioned; provided, however,
<br />
<br /> nothing herein shall relieve any other person or corporation from
<br />
<br /> liability for damages to facilities of PCI. The CITY expressly
<br /> reserves the right to change the grade, install, relocate, or
<br />
<br /> widen the public streets, sidewalks, bikeways, alleys, public
<br />
<br /> thoroughfares, highways and public ways and places within the
<br />
<br /> present limits of the CITY and within said limits as same may
<br /> from time to time be extended, and PCI shall relocate, at its own
<br />
<br /> expense, its poles, wires, cables, anchors, manholes, conduits,
<br />
<br /> fiber-optic cables, and other facilities and appurtenances in
<br /> order to accommodate the installation, relocation, widening, or
<br />
<br /> changing of the grade of any such public street, sidewalk,
<br />
<br /> bikeway, alley, public thoroughfare, highway or public way,
<br />
<br /> including if necessary relocating such poles, wires, cables,
<br /> anchors, manholes, conduits, fiber-optic cables or other
<br />
<br /> facilities or appurtenances to a sufficient distance from the
<br />
<br /> edge of the pavement to permit a reasonable work area for
<br /> machinery and individuals engaged in installing, relocating,
<br />
<br /> widening, or changing the grade of any public street, sidewalk,
<br />
<br /> bikeway, alley, public thoroughfare, highway or public way. The
<br />
<br /> CITY also herein reserves the right to require PCI to relocate,
<br /> at the sole expense of PCI, any facilities erected or maintained
<br />
<br /> pursuant to the privilege granted herein, if said relocation is
<br />
<br />
<br />
<br /> -5-
<br />
|