A.
The
city reserves the right to change the grade, to change the width or
to alter or change the location of any highway over which the franchise
is granted, if any of the pipelines, facilities or appurtenances heretofore
or hereafter constructed, installed or maintained by the franchisee
pursuant to the franchise on, along, under, over, in, upon or across
any highway are located in a manner which prevents or interferes with
the change of grade, traffic needs, operation, maintenance, improvement,
repair, construction, reconstruction, widening, alteration or relocation
of the highway, or any work or improvement upon the highway, the franchisee
shall relocate permanently or temporarily any such facility at no
expense to the city upon receipt of a written request from the city
to do so, and shall commence such work on or before the date specified
in such written request, which date shall be not less than thirty
days from receipt of such written request. The franchisee shall thereafter
diligently prosecute such work to completion; provided, however, if
such highway is subsequently constituted as state highway, thereafter
and so long as such highway remains a state highway, no such change
of location shall be required for a temporary purpose.
B.
The
city reserves the right for itself to lay, construct, repair, alter,
relocate and maintain subsurface or other facilities or improvements
of any type or description, in a governmental but not proprietary
capacity, within the highways over which the franchise is granted.
If the city finds that the location or relocation of such facilities
or improvements conflicts with the facilities laid, constructed or
maintained under the franchise, whether such facilities were laid
before or after the facilities of the city, the franchisee of such
franchise shall, at no expense to the city, on or before the date
specified in a written request from the city, which date shall be
not less than thirty days after the receipt of such notice and request
to do so, commence work to change the location either permanently
or temporarily of all facilities so conflicting with such improvements
to a permanent or temporary location in such highways, to be approved
by the city, and thereafter diligently prosecute such work to completion.
If such highway is subsequently constituted a state highway, while
it remains a state highway, the rights of the state shall be as provided
in Section 680 of the Streets and Highways Code of the state.
(Prior code § 10304)
At all times during the term of the franchise, the franchisee
shall maintain or arrange for, on a twenty-four-hour-a-day basis,
adequate emergency equipment and a properly trained emergency crew
within a reasonable distance from any facilities installed or maintained
pursuant thereto for the purpose of shutting off the pressure and
the flow of contents of such facilities in the event of an emergency
resulting from an earthquake, act of war, civil disturbance, fire,
flood, or any other cause or nature whatsoever.
(Prior code § 10305)
