§ 15-107. Grantee's obligations generally

The grantee of this franchise shall:

(a) Construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore and hereafter adopted by the legislative body of this city in the exercise of its police powers and not in conflict with the paramount authority of the State of California; and, as to state highways, subject to the provisions of general laws relating to the location and maintenance of such facilities; pipelines shall be designed in accordance with the American Standard Code for Pressure Piping, Section 2—Gas and Air Piping.

(b) Pay to the city, on demand, the cost of all repairs to public property made necessary by any operations of the grantee under this franchise.

(c) Indemnify and hold harmless the city and its officers from any and all liability for damages proximately resulting from any operations under this franchise.

(d) In the event that during the term of this franchise, the city shall change any grade, width or location of any street, or improve any street in any manner, or lay any sewer, storm drain, conduit or pipe, or construct any subway, viaduct, pedestrian tunnel, or any other lawful public work of a governmental character, or lay any water main or pipe, and such work shall render necessary any change in position or location of any facilities or equipment of the grantee in the street, including the support thereof while such work is being done or performed, the grantee, at its own cost and expense, within thirty (30) days after written notice from the city engineer and request so to do, shall begin the work of doing any and all things to effect such change, position or location in conformity with such written instructions.

If the grantee shall sustain any loss, injury or damage by reason of the doing of any of the hereinabove mentioned public works, and, if said work shall be done in a reasonable manner and without negligence on the part of the city and/or officer, board, commission or department thereof, then the grantee shall have no recourse whatever against the city and/or any office, board, commission or department thereof on account of such loss, injury or damage.

The foregoing provision requiring the grantee to pay the cost of removal or relocation of its franchise properties shall not apply when the removal or relocation of the franchise properties is required in order to accommodate freeways, and grantee shall be entitled to avail itself of the rights afforded to it by Sections 700 through 711 of the Streets and Highways Code of the State of California, except as changed or modified by the provisions of any agreement between the grantee and the State of California or any agency thereof. However, the cost of removal or relocation of the franchise properties when required in order to accommodate freeways shall be done and accomplished without expense to the city.

(e) File with the legislative body of the city within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers.

(Code 1960, § 7407)