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2022 Resolutions
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2022 Resolutions
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the City, the incidental trenches or excavations shall be refilled by t h e Authority in a manner <br />reasonably acceptable to the City Manager. Pavement, sidewalks, curbs, gutters or any other <br />portions of public ways damaged, disturbed or destroyed by such work shall be promptly <br />restored and replaced with like materials to their former condition by t h e Authority at its <br />own expense; however, where it is necessary, and if authorized by the City, in order to <br />achieve the former conditions, the Authority shall use materials whose type, specification and <br />quantities exceed or are different from those used in the installation, then the Authority, at its <br />own expense, shall provide such different materials. Where a cut or disturbance is made in a <br />section of sidewalk or paving, rather than replacing only the area actually cut, the Authority <br />shall replace the full width of the existing sidewalk or appropriate sections of paving as <br />determined by the City Engineer and the full length of the section or sections cut, a section <br />being defined as that area marked by expansion joints or scoring or as determined by the <br />City Engineer. The Authority shall maintain, repair and keep in good condition for aperiod <br />of one (1) year following such disturbance all portions of public ways disturbed by the <br />Authority, provided such maintenance and repair is required as a result of defective workmanship <br />or materials supplied by the Authority. <br />(b) All trees, landscaping and grounds removed, damaged or disturbed as a result of the <br />construction, installation, maintenance, repair or replacement of communications facilities shall <br />be replaced or restored, as nearly as may be practicable, to the condition existing prior to <br />performance of work. All restoration work within the public ways or other areas shall be done <br />in accordance with landscape plans approved by the City, provided that such landscape plans do <br />not require the Authority to incur a greater expense than it would have incurred by merely restoring <br />the landscaping and grounds to the condition existing prior to its performance of the work. <br />5.18. (a) The Authority shall promptly remove or correct any obstruction, damage or <br />defect in any public street or public right -of -way caused by the Authority in the installation, <br />operation, maintenance or extension of the Authority's communications facilities. Any such <br />obstruction, damage or defect which is not promptly removed, repaired or corrected by the <br />Authority after proper notice to do so, given by the City to the Authority, may be removed or <br />corrected by the City, and the cost thereof shall be charged against the Authority and payable <br />on demand. Any expense, cost, or damages incurred for repair, relocation, or replacement to <br />City water, sanitary sewer, storm sewer, storm drainage, telecommunication facilities or <br />other property resulting from construction or maintenance of the Authority's communications <br />facilities shall be borne by the Authority and any and all actual expense and cost incurred in <br />connection therewith by the City shall be fully reimbursed by the Authority to the City. <br />(b) If weather or other conditions do not permit the complete restoration required by <br />this Section, the Authority shall temporarily restore the affected property. Such temporary <br />restoration shall be at the Authority's sole expense and the Authority shall promptly <br />undertake and complete the required permanent restoration when the weather or other <br />10 <br />
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