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8.11.3 PRIVATE PROPERTY <br />112 <br />Upon completion of the work that caused any disturbance or damage, Grantee shall promptly <br />commence restoration of private property, and will use its best efforts to complete the restoration <br />within seventy-two (72) hours, considering the nature of the work that must be performed. <br />8.12 Discontinuing Use/Abandonment of Telecommunications Facilities. <br />Whenever Grantee intends to discontinue using any Facility within the Rights -of -Way, Grantee <br />shall submit for the City's approval a complete description of the Facility and the date on which <br />Grantee intends to discontinue using the Facility. Grantee may remove the Facility or request that <br />the City permit it to remain in place. Notwithstanding Grantee's request that any such Facility <br />remain in place, the City may require Grantee to remove the Facility from the Right -of -Way or <br />modify the Facility to protect the public health, welfare, safety, and convenience, or otherwise <br />serve the public interest. The City may require Grantee to perform a combination of modification <br />and removal of the Facility. Grantee shall complete such removal or modification within a <br />reasonable schedule set by the City considering the nature of the work to be performed. Until <br />such time as Grantee removes or modifies the Facility as directed by the City, or until the rights <br />to and responsibility for the Facility are accepted by another Person having authority to construct <br />and maintain such Facility, Grantee shall be responsible for all necessary repairs and relocations <br />of the Facility, as well as maintenance of the Right -of -Way, in the same manner and degree as if <br />the Facility were in active use, and Grantee shall retain all liability for such Facility. If Grantee <br />abandons its Facilities, the City may choose to use such Facilities for any purpose whatsoever. <br />8.13 Reservation of City Use of Right -of -Way. <br />Nothing in this Franchise shall prevent the City or public utilities owned, maintained or operated <br />by public entities other than the City from constructing sewers; grading, paving, repairing or <br />altering any Right -of -Way; laying down, repairing or removing water mains; or constructing or <br />establishing any other public work or improvement. All such work shall be done, insofar as <br />practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's <br />Telecommunications System. <br />8.14 Tree Trimming. <br />Grantee may prune or cause to be pruned, using proper pruning practices, any tree in the City's <br />Rights -of -Way which interferes with Grantee's Telecommunications System. Grantee shall <br />comply with any ordinance or regulations of the City regarding tree trimming. Except in <br />emergencies, Grantee may not prune trees at a point below thirty (30) feet above sidewalk grade. <br />until one (1) week written notice has been given to the owner or occupant of the premises <br />abutting the Right -of -Way in or over which the tree is growing. The owner or occupant of the <br />abutting premises may prune such tree at his or her own expense during this one (1) week period. <br />If the owner or occupant fails to do so, Grantee may prune such tree at its own expense. For <br />purposes of this subsection, emergencies exist when it is necessary to prune to protect the public or <br />Grantee's Facilities from imminent danger only. <br />20 of 30 <br />33 <br />