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A. Interference With Persons And Improvements: The grantee's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons or interfere with the rights or reasonable convenience of property owners who adjoin any of the streets and public ways, or interfere with any improvements the Village may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
B. Restoration To Prior Condition: In case of any disturbance of pavement, sidewalk, landscaping, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the Village, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed, in as good condition as before the work was commenced and in accordance with standards for such work set by the Village.
C. Erection, Removal And Common Uses Of Poles:
1. No poles or other wire-holding structures shall be erected by the grantee without prior approval of the Village with regard to location, height, types, and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the Village determines that the public convenience would be enhanced thereby.
2. Where poles or other wire-holding structures already existing for use in serving the Village are available for use by the grantee, but it does not make arrangements for such use, the Village may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
D. Relocation Of Facilities: If at any time during the period of the franchise the Village shall elect to alter, or change the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the Village, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
E. Cooperation With Building Movers: The grantee shall, on the request of any person holding a building moving permit issued by the Village, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than forty eight (48) hours' advance notice to arrange for such temporary wire changes.
F. Tree Trimming: The grantee shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public place without the prior written consent of the Village. The grantee shall provide notice to any affected residents at the same time that the grantee applies to the Village for consent to perform tree trimming. The Village shall have the right to do the trimming requested by the grantee at the cost of the grantee. Regardless of who performs the work requested by the grantee, the grantee shall be responsible, shall defend and hold the Village harmless from any and all damages to any tree as a result of trimming, or to the property surrounding any tree, whether such tree is trimmed or removed, except for any damage attributable to the Villages negligence or wilful misconduct. (Ord. 98-2054, 9-28-1998)