A. Noninterference With Existing Facilities: All construction, installation, repair or relocation of lines and appurtenances performed by grantee along or under the roads, rights of way or properties subject to this franchise shall be done in such a manner as not to interfere with the construction and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the grading or improvement of such roads, rights of way or other public property subject to this franchise.
Grantee shall provide the grantor, upon the grantor's reasonable request, copies of available drawings in use by grantee showing the location of its facilities at specific locations within the franchised area. As to any such drawings so provided, grantee does not warrant the accuracy thereof and, to the extent the location of facilities are shown, such facilities are shown in their approximate location. With respect to any excavations within the franchised area undertaken by or on behalf of grantee or the grantor, nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities.
B. Trimming/Removal Of Trees: The right of grantee to maintain its facilities and appurtenances shall include the right, as exercised in grantee's sole discretion, to utilize an integrated vegetation management program. Grantee or grantee's contractor may prune all trees and vegetation which overhang a public right of way, property or place, whether such trees or vegetation originate within or outside said right of way, property or place, in such a manner and to such an extent as will prevent the branches or limbs or other parts of such trees or vegetation that obstructs or may obstruct the grantee's facilities. Such pruning shall comply with the "American National Standard For Tree Care Operation" (ANSI A300) and be conducted under the direction of an arborist certified with the International Society Of Arboriculture or equivalent professional organization. A growth inhibitor treatment may be utilized for trees and vegetation species that are fast growing and problematic. Nothing contained in this section shall prevent grantee, when necessary and with the approval of the owner of the property on which they may be located, from cutting down and removing any trees which overhang public rights of way that may interfere with grantee's facilities.
C. Right Of Excavation: For the purpose of carrying into effect the privileges granted hereunder and after all necessary and required permits are secured, grantee is authorized at any time to make all necessary excavations in the streets, alleys, roads, rights of way within the franchised area, but such excavation shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the rights of the public as may be feasible. Grantee shall restore all streets, alleys, roads, rights of way to a standard as agreed upon for conditions of safety and use after excavation. Except in cases of emergency, such excavations shall require prior city approval.
D. Expansion Of Grantee's Facilities: Any facilities and appurtenances in streets, alleys, rights of way and public places, incidental to the franchised area, that have been, or are at any future time acquired, leased, or utilized in any manner by grantee are thereupon to be deemed authorized by and shall be subject to all provisions of this franchise. (Ord. 507A, 7-24-2007)