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117.18 RIGHT-OF-WAY ACCESSIONS.  
   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.
117.19 TREE TRIMMING.  
   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.
117.20 ABANDONED FACILITIES.  
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.
117.21 COMPLIANCE WITH CITY ORDINANCES.  
   The Cooperative shall at all times during the term of this franchise ordinance conform with, submit to, and carry out the provisions of any and all valid ordinances existing or as hereafter lawfully enacted relating to the City’s exercise of its police powers.
117.22 CLOSING.
   This franchise ordinance sets forth and constitutes the entire agreement between the Cooperative and the City of North Liberty with respect to the rights contained herein and may not be superseded, modified or otherwise amended without the approval and acceptance of the Cooperative. Except as set forth in Section 117.21, in no event shall the City of North Liberty enact any ordinance or place any limitations, either operationally or through the assessment of fees, that create additional burdens upon the Cooperative, or which delay utility operations with respect to the right contained herein.
117.23 EMINENT DOMAIN.  
   This franchise grants the Cooperative the right to exercise powers of eminent domain. The Cooperative shall notify the City of proposed eminent domain action at least thirty (30) days prior to exercising said powers of eminent domain and the Cooperative agrees not to exercise such powers to the extent the City notifies the Cooperative that it opposes specific aspects of the proposed eminent domain action.
117.24 ASSIGNMENT.  
   The Cooperative shall file in the office of the City Clerk written notice of any proposed sale, transfer, disposition or assignment of this franchise or change in ownership of the Cooperative.
117.25 NOTICE OF DEFAULT.  
   If either party determines there is a default under this franchise the other party shall be given written notice describing the default in detail, whether a forfeiture or termination of the franchise will be sought and where curable a reasonable time to cure the default which shall not be less than sixty (60) nor more than one hundred eight (180) days.
(Ch. 117 - Ord. 12-02 – Apr. 12 Supp.)