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• <br />• <br />• <br />this franchise; <br />(c) indemnify and hold harm- <br />less the City aad its officers from <br />any and all liability for damages <br />proximately resulting from any <br />operations under! this franchise;. <br />(d) remove or relocate, without <br />expense to the City, any facili- <br />ties installed, used and maintained <br />under this franchise if and when <br />made necessary by any lawful <br />change of grade, alignment or <br />width of any public street, way, <br />alley or place, including the con- <br />struction of any subway or via- <br />duct by the City; and <br />(e) file with the legislative body <br />of the City within thirty (30) days <br />after any sale. transfer, assign- <br />ment or lease of this franchise, or <br />any part thereof, or of any of <br />the rights or privileges granted <br />thereby, written evidence of the <br />same, certified thereto by the <br />grantee or its duly authorized of- <br />ficers. <br />SECTION* NINE <br />The Engineer shall have power <br />to give the grantee such direc- <br />tions for the location of any pipes <br />and appurtenances m may be rea- <br />sonably necessary to avoid sewers, <br />water pipes, conduits or other <br />structures lawfully in or under the <br />streets; and before the work of <br />constructing any pipes and ap- <br />purtenances is commenced, the <br />grantee shall file with said En- <br />gineer plans showing the location <br />thereof, which shall be subject to <br />the approval of said Engineer <br />(such approval not to be unreason- <br />ably withheld): and all such con- <br />striction shall be subject to the <br />inspection of said Engineer and <br />done to his reasonable satisfac- <br />tion. All street coverings or open- <br />ings of traps, vaults, and man- <br />holes shall at all times be kept <br />flush with the surface of the <br />streets; provided, however, that <br />vents for underground traps, <br />vaults and manholes may extend <br />above the surface of the streets <br />when said vents are located in <br />parkways, between the curb and <br />the property line. <br />Where it is necessary to lay any <br />underground pipes through under <br />or across any portion of a paved <br />or macadamized street, the same, <br />where practicable and economical- <br />ly reasonable shall be done by a <br />tunnel or bore, so as not to dis- <br />turb the foundation of such paved <br />or macadamized street; and in the <br />event that the same cannot be so <br />done, such work shall be done <br />under a permit to be granted by <br />the Engineer upon application <br />therefor. <br />SECTION TEN <br />If any portion of any street <br />shall be damaged by reason of de- <br />fects in any of the pipes and ap- <br />purtenances maintained or con- <br />structed under this grant, or by <br />reason of any other cause arising <br />from the operation or existence of <br />any pipes and appurtenances con- <br />structed or maintained under this <br />grant, said grantee shall, at its <br />own cost and expense, immediate- <br />ly repair any such damage and <br />restore such street, or portion of <br />street, to as good a condition as <br />existed before such defect or other <br />cause of damage occurred, °uch <br />work to be done under the direc- <br />tion of the Engineer, and to his <br />reasonable satisfaction. <br />SECTION ELEVEN <br />(a) If the grantee of this fran- <br />chise shall fail, neglect or refuse <br />to comply with any of the pro- <br />visions or conditions hereof, and <br />shall not, within ten (10) days <br />after written demand for compli- <br />ance, begin the work of compli- <br />ance, or after such beginning shall <br />not prosecute the same with due <br />diligence to completion, then the <br />City, by its legislative body, may <br />declare this franchise forfeited. <br />(b) The City may sue in its <br />own name for the forfeiture of <br />this franchise, in the event of non- <br />compliance by the grantee, its <br />successors or {signs, with any of <br />the conditions thereof. <br />SECTION TWELVE <br />The grantee of this franchise <br />shall pay to the City a sum of <br />monev sufficient to reimburse it <br />for all publication expenses in- <br />curred by it In connection with <br />the granting of this franchise; <br />such payment to be made within <br />thirty (30) days after the City <br />shall furnish such grantee with a <br />written statement of such ex- <br />pcuses. <br />SECTION THIRTEEN <br />Within ten (10) days after the <br />passage and publication of this <br />ordinance, the grantee shall file <br />with the City Clerk a written ac- <br />ceptance of the franchise hereby <br />granted, and an agreement to <br />comply with the terms and condi- <br />tions hereof. <br />SECTION FOURTEEN <br />This ordinance shall 1)e printed; <br />and published once in NEWPORT <br />BALBOA NEWS -TIMES, a news- <br />paper printed, published and cir-' <br />culated in the city of Newport <br />Beach, and shall take effect and <br />be in force thirty days after its <br />passage. <br />The above and foregoing or- <br />dinance was introduced at a <br />regular meeting of the City Coun <br />oil of the City of Newport Beach <br />held on the 5th day of July, 1943,. <br />and was finally passed and adopt- <br />ed on the 2nd day of August, <br />1943, by said City Council, at a <br />regular meeting thereof; by the <br />following vote, to -wit: <br />AYES, COUNCILMEN: Allen, <br />Kirk, Isbell, Reed, Hall. <br />NOES, COUNCILMEN: None. <br />ABSENT, COUNCILMEN: <br />None, <br />The foregoing ordinance is <br />signed and approved by me this <br />2nd day of August, 1943. <br />CLYAN H. HALL. <br />ATTEST: Mayor. <br />FRANK L. RINEHART, <br />City Clerk. <br />Pub.: Aug. 5, 1943. <br />