2021/01/27 Council Agenda Packet

Grantee to remove the Facility from the Right -of -Way or modify the Facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. The City may require Grantee to perform a combination of modification and removal of the Facility. Grantee shall complete such removal or modification in accordance with a schedule set by the City and restore the site to its pre-existing condition. Until such time as Grantee removes or modifies the Facility as directed by the City, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and mamtain such Facility, and except where Grantee has been given written permission by the City to abandon Facilities. Grantee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the Right -of -Way, in the same manner and degree as if the Facility were in active use, and Grantee shall retain all liability for such Facility If Grantee abandons its Facilities, the City may choose to use such Facilities for any purpose whatsoever. 8.12. Reservation of City Use of Right -of -Way Nothing in this Franchise shall prevent the City or public utilities owned, maintained or operated by public entities other than the City from constructing sewers; grading, paving, repairing or altering any Right -of -Way; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's Telecommunications System. 8.13. Tree Trimming Grantee may prune or cause to be pruned, using proper pruning practices, any tree in the City's Rights - of -Way which interferes with Grantee's Telecommunications System. Grantee shall comply with any ordinance or regulations of the City regarding tree trimming Except in emergencies, Grantee may not prune trees at a point below thirty (30) feet above sidewalk grade until one (1) week written notice has been given to the owner or occupant of the premises abutting the Right -of -Way in or over which the tree is growmg. The owner or occupant of the abutting premises may prune such tree at his or her own expense during this one (1) week period If the owner or occupant fails to do so, Grantee may prune such tree at its own expense For purposes of this subsection, emergencies exist when it is necessary to prune to protect the public or Grantee's Facilities from imminent danger only. 8.14. Inspection of Construction and Facilities The City may inspect any of Grantee's Facilities or equipment in the public rights of way at any time upon at least seventy-two (72) hours' notice, or, in case of emergency, upon demand without prior notice If an unsafe condition is found to exist the City, in addition to taking any other action permitted under applicable law, may order Grantee, in writing to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes. The City has the right, but not the obligation, to correct, inspect, administer and repair the unsafe condition if Grantee fails to do so, and to charge Grantee therefor. The provisions of this Section 8 15 shall survive the expiration, revocation, or termination of this Franchise 8.15. Stop Work {DPK2242501.DOCX;4/13113.000007/ } Wireline Franchise 21 of 30