ORD 2021-025 Granting to Maxwell Special Utility District

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request from the City, the District will promptly provide detailed maps of the District's Facilities, if any, within the limits of the City's undertaking. 4.5 Unless otherwise stated herein, the District shall comply with all applicable laws and provisions of ordinances of the City regarding construction within or on a Public Right -of - Way including but not limited to Chapter 74, Article 4 of the San Marcos City Code regarding Right -of -Way Construction, as amended. SECTION 5. PERMITS. 5.1 Permit Applications. Except as indicated below, District and its contractors shall file an application for a permit indicating the dates, location, and nature of all work to be performed on its Facilities within the Public Rights -of -Way. Unless otherwise stated herein, the City shall approve or deny the permit application within ten (10) days of District's submission of its application or be deemed granted. District and contractors performing work for District shall not be required to pay any fee to perform work on District's Facilities, or park within the Streets and other Public Rights -of -Way, other than the fees set forth in Section 8 of this Franchise. 5.2 Major Construction. District shall not engage in the removal, retirement, abandonment, replacement, extension or installation of Facilities involving open trenching, excavating, boring, cutting, and the like in, under, upon, over, across, or along paved Streets, alleys, public way or place or any Public Rights -of -Way without first filing an application for a permit at least thirty (30) days prior to the start date of construction. Such permit shall include the scope and duration of the work, necessary maps, site and civil drawings, and traffic control plans, if applicable. The City shall approve or deny the permit application within thirty (30) days of District's submission of its application or be deemed granted. 5.3 Emergency Operations. In the event District determines there is a need to initiate Emergency Operations, District may act without any prior notice or permit, but shall provide notice on the first working day following District's completion of Emergency Operations. Such notice shall include the required permit information provided herein that corresponds to the type of work, performed during the emergency. The notification of police or fire departments when initiating such Emergency Operations shall be at District's sole discretion and judgment. 5.4 Routine Maintenance. No permit shall be required to perform any Routine Maintenance. 5.5 City Requested Relocations. District and contractors performing work for District shall not be required to obtain any permits for relocations of Facilities requested by the City, provided that the relocated Facilities are placed in the location designated by the City and the relocation is otherwise in accordance with the City's request to relocate. SECTION 6. STREETS TO BE RESTORED TO GOOD CONDITION. 6.1 Following completion of work in the Public Rights -of -Way, District shall repair the affected Public Rights -of -Way as soon as possible and shall comply with all City ordinances