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2017/03/29 Council Agenda Packet
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2017/03/29 Council Agenda Packet
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Council Agenda Packet
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3/29/2017
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3 <br /> having authority to construct and maintain such Facility, Grantee shall be responsible for all <br /> necessary repairs and relocations of the Facility, as well as maintenance of the Right-of-Way,in the <br /> same manner and degree as if the Facility were in active use,and Grantee shall retain all liability for <br /> such Facility. If Grantee abandons its Facilities,the City may choose to use such Facilities for any <br /> 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 by <br /> public entities other than the City from constructing sewers; grading, paving, repairing or altering <br /> any Right-of-Way; laying down,repairing or removing water mains; or constructing or establishing <br /> any other public work or improvement. All such work shall be done, insofar as practicable, so as <br /> not to obstruct, injure or prevent the use and operation of Grantee's 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 comply <br /> with any ordinance or regulations of the City regarding tree trimming. Except in emergencies, <br /> Grantee may not prune trees at a point below thirty (30) feet above sidewalk grade until one (1) <br /> week written notice has been given to the owner or occupant of the premises abutting the Right-of- <br /> Way in or over which the tree is growing. The owner or occupant of the abutting premises may <br /> prune such tree at his or her own expense during this one(1)week period. If the owner or occupant <br /> fails to do so, Grantee may prune such tree at its own expense. For purposes of this subsection, <br /> emergencies exist when it is necessary to prune to protect the public or Grantee's Facilities from <br /> imminent danger only. <br /> 8.15. Inspection of Construction and Facilities <br /> The City may inspect any of Grantee's Facilities or equipment in the public rights of way at any <br /> time upon at least twenty-four (24) hours' notice, or, in case of emergency, upon demand without <br /> prior notice. If an unsafe condition is found to exist,the City, in addition to taking any other action <br /> permitted under applicable law, may order Grantee, in writing, to make the necessary repairs and <br /> alterations specified therein forthwith to correct the unsafe condition by a time the City establishes. <br /> The City has the right, but not the obligation, to correct, inspect, administer and repair the unsafe <br /> condition if Grantee fails to do so, and to charge Grantee therefor. The provisions of this Section <br /> 8.15 shall survive the expiration,revocation, or termination of this Franchise. <br /> 8.16. Stop Work <br /> On notice from the City that any work is being performed contrary to the provisions of this <br /> Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the <br /> terms of any applicable permit, laws, regulations, ordinances, or standards, the work may <br /> immediately be stopped by the City by issuing a stop work order using the procedures established <br /> by the EMC. <br /> 8.17. Work of Contractors and Subcontractors <br /> 21 of 31 <br />
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