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2021-07-01
CITY-OF-BATESVILLE
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2021-07-01
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12/28/2021 3:12:25 PM
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proceed to take whatever actions are necessary in order to respond to the Emergency. A Utility <br />who engages in an emergency excavation shall take all reasonable precautions to avoid or <br />minimize damage to any existing facilities. <br />B. In the event that the City becomes aware of an Emergency regarding Utility <br />Facilities, the City may attempt to contact the affected Utility or Facilities Representative. The <br />City may take whatever action it deems necessary in order to respond to the Emergency, <br />including cutting or moving any wires, cables, amplifiers, appliances, or other parts of the <br />Facilities. The City shall not incur any liability to the Utility, for such emergency actions, and the <br />cost of such shall be paid by each Utility affected by the Emergency. <br />SECTION 8: EFFECTIVE PERIOD OF PERMIT AND DEFAULT. <br />A. Each permit shall have a commencement and expiration date based on <br />information provided in the applicant's permit application. <br />B. The Permit shall remain in place until its expiration date unless the Permitee is in <br />default. The City may give written notice of default to a Permitee if it is determined that a <br />Permitee has: <br />i. Violated the provisions of this Ordinance or any law of the City, state, or <br />federal government; <br />ii) Attempted to evade any provision or requirement of this Ordinance; <br />iii) Practiced any fraud or deceit upon the City; or <br />iv) Made a material misrepresentation or omission of the fact in its permit <br />application. <br />SECTION 9: CANCELLATION FOR CAUSE. <br />If a Permittee fails to cure a default within twenty (20) working days after such notice is <br />provided to the Permittee by the City, then such default shall be material breach and the City <br />may exercise any remedies or rights it has at law or equity to terminated the Permit. If the City <br />decides there is cause or reason to terminate, the following procedure shall be followed: <br />A. City shall serve the Utility with a written notice of the reason or cause for <br />proposed breach. <br />B. If the Utility fails to cure within twenty (20) calendar days, the City may declare <br />the Permit terminated. <br />SECTION 10: EXPIRATION OF PERMIT. <br />
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