(a) When the Provider does any work in or affecting the Public Ways or Property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such Public Ways or Property to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. If weather or other conditions do not permit the complete restoration required by this paragraph, the Provider may, with the approval of the City, temporarily restore the affected Public Ways or Property, provided that such temporary restoration is at the Provider's sole expense and provided further that the Provider promptly undertakes and completes the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Upon the request of the City, the Provider shall restore the Public Ways or Property to a better condition than existed before the work was undertaken, provided that the City shall bear any additional costs of such restoration. If the Provider fails to promptly restore the Public Ways or Property as required by this section, the City may, upon giving 14 days written notice to the Provider, restore or cause to be restored such Public Ways or Property or remove the obstruction therefrom, at the expense of the Provider.
(b) Upon receiving at least 30 days written notice from the City, the Provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Utility Facilities in Public Ways or Property, whenever the City shall have determined that such removal, relocation, change or alteration: (1) Is reasonably necessary to the construction, repair, maintenance, improvement or use of such Public Ways or Property; (2) Is reasonably necessary to the location, construction, replacement, maintenance, improvement or use of other property of the City; or (3) Is reasonably necessary for the operations of the City.
In connection with such removals, relocations, changes or alterations, the City shall take reasonable steps to minimize the Provider's expense.
(c) From time to time, when Provider believes it to be warranted by existing conditions, the Provider shall, at its own expense, cause the trees and vegetation growing upon or overhanging any of the Public Ways or Property in the City where Utility Facilities are erected to be trimmed in such a manner that there shall be a proper clearance between the nearest wires or equipment and any portion of the trees or vegetation. Said trees and vegetation shall be trimmed so that no branches, twigs or leaves come in contact with or in any way interfere with the Utility Facilities and all debris shall be removed from the site. The Provider shall exercise reasonable care to avoid unnecessary destruction of or serious harm to trees located in the Public Ways or Property. The Provider shall notify the City no less than seven days before it plans to perform such work.
(Ord. 1038-98. Passed 9-29-98.)