§ 118.071  CONDITIONS ON OCCUPANCY OF PUBLIC WAYS.
   (A)   All transmissions and distributions structures, lines, and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said public ways.
   (B)   In case of disturbance of any public way, the grantee shall, at its own cost and expense and in a manner approved by the City Board of Public Works and Safety or its designated representative, replace and restore such public way in as good a condition as before the work creating such disturbance was done.
   (C)   The grantee shall not, and shall prohibit any officer, agent, employee, contractor, or subcontractor which it retains from removing or trimming any tree or portion thereof (either above, at, or below ground level), which is located within a public way without the prior written approval of the City Board of Public Works and Safety or its designated representative.  Such consent may be given or withheld upon such terms and conditions as the Board of Public Works and Safety or its designated representative deems appropriate.
   (D)   Each grantee shall be responsible for, shall indemnify, defend, and hold harmless the city government 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.
(1980 Code, § 118.071)  (Ord. 1996-4, passed 4-9-1996)