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2005_Ordinances
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statement of the City's reasonable costs. If payment is not received by the City <br />within the thirty (30) day period, the City Attorney may bring an action to recover <br />the reasonable costs of the restoration and reasonable attorney's fees in a court of <br />competent jurisdiction pursuant to Section 56-467 of the Virginia Code. <br />Reasonable costs may include, but are not limited to, administrative, overhead <br />mobilization, material, labor, and equipment related to such restoration. <br />502.7 DAMAGE TO OTHER FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY: The <br />Company shall be responsible for the cost of repairing any Facilities existing <br />within the Public Rights -of -Way that it or the Facilities owned by the Company <br />damage. If the Company damages the City's Facilities within the Public Rights - <br />of -Way, such as, but not limited to, culverts, road surfaces, curbs and gutters, or <br />tile lines, the Company shall correct the damage within a prompt period after <br />receiving written notification from the City. If the Company does not correct the <br />City's damaged Facilities pursuant to the foregoing, the City may make such <br />repairs as necessary and charge all of the reasonable costs of such repairs within <br />thirty (30) days of billing accompanied by an itemized statement of the City's <br />reasonable costs. If payment is not received by the City within such thirty (30) <br />day period, the City Attorney may bring an action to recover the reasonable costs <br />of the restoration and reasonable attorney's fees in a court of competent <br />jurisdiction pursuant to Section 56-467 of the Virginia Code. Reasonable costs <br />may include, but are not limited to, administrative, overhead mobilization, <br />material, labor, and equipment related to such repair. <br />• 502.8 DIRECTOR'S STANDARD: All determinations to be made by the Director with <br />respect to the manner and extent of restoration, patching, repairing and similar <br />activities under the franchise granted by this Ordinance, shall be reasonable and <br />shall not be unreasonably conditioned, withheld, or delayed. The Company may <br />request additional time to complete restoration, patching, repair, or other similar <br />work as required under the franchise granted by this Ordinance, and the Director <br />shall not unreasonably withhold, condition, or delay consent to such requests. <br />ARTICLE VI <br />SECTION 601 INDEMNIFICATION AND LIABILITY <br />601.1 SCOPE OF INDEMNIFICATION: Subject to the following, the Company agrees and <br />binds itself to indemnify, keep and hold the City council members, officials and <br />its employees free and harmless from liability on account of injury or damage to <br />persons, firms or corporations or property growing out of or directly or indirectly <br />resulting from: <br />(a) the Company's use of the streets, alleys, highways, sidewalks, rights-of- <br />way and other public places of the City pursuant to the franchise granted <br />• by this Ordinance; <br />9 <br />
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