Ord 2012-032 - Laserfiche WebLink

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its facilities according to the terms and conditions contained therein as it may be amended or extended from time to time, where the existing facilities are adequate for the PEC's Electric System including fiber optic cables used for monitoring and switching its System or for use with PEC's System Control and Data Acquisition (SCADA) system but shall not include revenue producing or commercial access telecommunications systems, including, but not limited to fiber optics and cable television systems. SECTION S. Construction, Maintenance, Expansion, Reconstruction, and Excavation 5.1 PEC shall comply with CHAPTER 74, ARTICLE 4 OF THE SAN MARCOS CODE and all applicable City ordinances and charter provisions relating to the construction, expansion, reconstruction, excavation, use, maintenance and operation of PEC'S System and any other applicable City rules or regulations as they are currently enacted or hereafter amended. 5.2 On written request by the City, PEC shall remove and abate a facility, when the Director of Public Services declares an emergency and determines that removal of such facility is necessary due to the emergency. PEC and the City shall cooperate to the extent possible to assure continuity of service during an emergency. If PEC, after notice, fails or refuses to promptly act, the City may remove or abate the facility, at the sole cost and expense of PEC without compensation or liability for damages to PEC. 5.3 On completion of initial or any subsequent construction work, PEC shall promptly restore the Public Rights -of -Way to a substantially similar condition as before the commencement of the work and in accordance with all applicable City requirements. 5.3.1 The surface of any Public Way disturbed by PEC in the construction or maintenance of its System shall be promptly restored to at least as good a condition as before the commencement of the work, but not more than thirty (30) days after the completion of the work. No Public Way shall be encumbered for a period longer than necessary to complete all work. The City shall have ninety (90) days from the date of such restoration, to determine whether the restored surface require additional work to place it in at least equivalent condition as before commencement of the work. If the City determines that additional restoration work is necessary, PEC shall perform all additional restoration work to the reasonable satisfaction of the City. 5.3.2 PEC shall perform all work in a good and workmanlike manner using materials of good and durable quality. PEC shall comply with all applicable codes and industry standards, including but not limited to the National Electrical Safety Code (latest edition) and the National Electric Code (latest edition). 5.3.3 PEC shall repair any restoration work performed in the City's Right -of -Way that is defective for one year from the date of final completion of the restoration work. 7