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17.01.107. Conditions on street occupancy

            All transmission and distribution structures, poles, other lines, and equipment installed or erected by the Grantee within the City pursuant to the terms hereof shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of said streets, alleys, or other public ways and places.

            (1)        Grantee shall repair or replace, at its own expense, any and all rights-of-way, pavements, sidewalks, street improvements, excavations, other facilities, landscaping, or other improvements, public or private, used, disturbed, or damaged in the Franchise operations, including construction, installation, and maintenance thereof to the extent that this repair or replacement was made necessary as a result of the operations of the Grantee.  Such repair or replacement shall return the property to as good or better condition as it was prior to the work being done.

            (2)        (a)        The Grantee shall have the authority to trim trees or other natural growth overhanging any of its system so as to prevent the branches from coming in contact with the Grantee's wires, cables, or other equipment.

                        (b)        The Grantee shall make a reasonable best effort, including written notice, to notify owners of property adjacent to the trees to be trimmed at least seventy-two (72) hours prior to doing the work.

                        (c)        For all trimming, the Grantee shall use generally accepted pruning standards of modern arboriculture.

            (3)        The Grantee shall hold harmless the City and its officers, agents, and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of or any injury to any tree or trees proximately caused by the Grantee or its officers, agents, employees, contractors, or subcontractors.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999

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