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0840
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determines that Grantee is responsible for such disturbance or damage, Grantee shall be <br />obligated to fully reimburse City for such restoration. <br />3. Conditions on Right -of -Way Use. <br />a. Nothing in this Franchise shall be construed to prevent City from constructing, <br />maintaining, repairing or relocating sewers; grading, paving, maintaining, <br />repairing, relocating and/or altering any Right -of -Way; constructing, laying down, <br />repairing, maintaining or relocating any water mains; or constructing, <br />maintaining, relocating, or repairing any sidewalk or other public work. <br />b. All System transmission and distribution structures, lines and equipment erected <br />by the Grantee within City shall be located so as not to obstruct or interfere with <br />the use of Rights -of -Way except for normal and reasonable obstruction and <br />interference which might occur during construction and to cause minimum <br />interference with the rights of property owners who abut any of said Rights -of - <br />Way and not to interfere with existing public utility installations. <br />c. If at any time during the period of this Franchise City shall elect to alter or change <br />the grade or location of any Right -of -Way, the Grantee shall, at its own expense, <br />upon reasonable notice by City, remove and relocate its poles, wires, cables, <br />conduits, manholes and other fixtures of the System and in each instance comply <br />with the reasonable and lawful standards and specifications of City. <br />d. The Grantee shall not place poles, conduits, or other fixtures of System above or <br />below ground where the same will interfere with any gas, electric, telephone, <br />water or other utility fixtures and all such poles, conduits, or other fixtures placed <br />in any Right -of -Way shall be so placed as to comply with all reasonable and <br />lawful requirements of City. <br />e. The Grantee shall, upon request of any Person holding a moving permit issued by <br />City, temporarily move its wires or fixtures to permit the moving of buildings <br />with the expense of such temporary removal to be paid by the Person requesting <br />the same, and the Grantee shall be given not less than ten (10) days advance <br />written notice to arrange for such temporary changes. <br />f. The Grantee shall have the authority to trim any trees upon and overhanging the <br />Rights -of -Way of City so as to prevent the branches of such trees from coming in <br />contact with the wires and cables or other facilities of the Grantee. <br />g. Grantee shall use its best efforts to give reasonable prior notice to any adjacent <br />private property owners who will be negatively affected or impacted by Grantee's <br />work in the Rights -of -Way. <br />4. Undergroundin= of Cable. Unless otherwise required by action of City Council, Grantee <br />must place newly constructed facilities underground in areas of City where all other <br />12 <br />
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