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Grantee shall have the authority to trim trees on public rights of way at its own expense as may be necessary to protect its wires and facilities, subject to supervision and direction by city. Trimming of trees on private property shall require consent of the property owner. Any trimming of trees by the grantee in the rights of way and public ways shall be subject to such regulation as the city manager or other authorized official may establish to protect the public health, safety and convenience. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Nothing contained in this section 9-1-5 shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging grantee's facilities while performing any work connected with grading, regrading or changing the line of any rights of way or public place or the construction or reconstruction of any sewer or water system. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Each grantee shall keep accurate installation records of the location of all facilities in the rights of way and public ways and furnish them to city upon request. Grantee shall cooperate with city to furnish such information in an electronic mapping format, if possible, compatible with the then current city electronic mapping format. Upon completion of new or relocation construction of underground facilities in the rights of way and public ways, grantee shall provide city with installation records in an electronic format, if possible compatible with the then current city electronic mapping format showing the location of the underground and aboveground facilities. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. If, during the design process for public improvements, city discovers a potential conflict with proposed construction, grantee shall either: 1) locate and, if necessary, expose its facilities in conflict or 2) use a location service under contract with city to locate or expose its facilities. Grantee is obligated to furnish the location information in a timely manner, but in no case longer than thirty (30) days.
B. City reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any rights of way and public ways, aerial, surface, or subsurface improvement, including, but not limited to, water mains, traffic control conduits, cable and devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the rights of way of city limits. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. When city uses its prior superior right to the rights of way and public ways, grantee shall move its property that is located in the rights of way and public ways, at its own cost, to such a location as city directs. Notwithstanding the foregoing, in the event the public project is paid for totally or in part by nonpublic funds, then grantee's costs of moving its property shall be borne by the source of the nonpublic funds in the same ratio as the nonpublic funds bear to the total project costs.
B. Nothing in this franchise shall be construed to prevent city from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any right of way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. (Ord. 827, 8-5-2002, eff. 8-26-2002)
If, during the course of a project, city determines grantee's facilities are in conflict, the following shall apply:
A. Prior To City Notice To Proceed To Contractor: Grantee shall, within a reasonable time, but in no event exceeding three (3) months, remove or relocate the conflicting facility. This time period shall begin running upon receipt by grantee of written notice from city. However, if both city and grantee agree, the time frame may be extended based on the requirements of the project.
B. Subsequent To City Notice To Proceed To Contractor: City and grantee will immediately begin the coordination necessary to remove or relocate the facility. Removal or relocation is to begin no later than seventy two (72) hours, if practicable, after written notification from city of the conflict. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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