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Where any electric distribution or service line is presently or in the future placed anywhere in the corporate limits of the City, either as now existing or hereafter extended, not in a public street and a street shall thereafter be opened or dedicated so as to include said line within the right-of-way of such street, said electric line shall then be operated and maintained under the terms of this franchise, provided the Company first receives reasonable compensation in accordance with Section 117.05 hereof for any property rights foregone thereby.
The Cooperative is authorized and empowered consistent with this franchise to prune or remove at the Cooperative’s expense any tree extending into any street, alley, right-of-way or public grounds to maintain electric reliability, to promote general safety, to restore utility service, and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Cooperative. For scheduled tree trimming that is not associated with restoration of electric service, the Cooperative shall provide a one week notice to the City of the locations and specifics of scheduled tree trimming or pruning. The pruning shall be completed in accordance with nationally accepted safety and utility industry standards, ANSI A300-2001, American National Standard for Tree Care Operations, and ANSI Z133-2006 Pruning, Repairing, Maintaining and Removing Trees, and Cutting Brush Safety Requirements, or subsequent revisions to these standards, and City ordinances regarding the trimming of trees and the protection of its facilities upon public grounds. The removal of trees or pruning in public grounds other than public right-of-ways excluding emergency and outage situations shall require prior approval from the City.
The Cooperative shall not be required to remove abandoned facilities from the right-of-way if the act of removal causes degradation of the right-of-way, potential damage to other facilities, or if the Cooperative facilities may, at a reasonable future date, be placed back into service. The City may require the Cooperative to demonstrate the potential for any of these circumstances.
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