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<br />7.
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<br />8.
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<br />9.
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<br />10.
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<br />construction, alteration to or establishment of any Rights-of-Way or any facility
<br />within the Rights-of-Way, sidewalk, or other public place, including but not
<br />limited to, installation of sewers, drains, waterlines, power lines, traffic signal
<br />lines or transportation facilities; or (ii) a City project or activity makes
<br />disconnection, removal, or relocation necessary.
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<br />b.
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<br />Grantee shall, on request of any Person holding a permit to move a building,
<br />temporarily raise or lower its wires to permit the movement of such buildings.
<br />The expense of such temporary removal or raising or lowering of wires shall be
<br />paid by the Person requesting the same, and Grantee shall have the authority to
<br />require such payment in advance. Grantee shall be given not less than five (5)
<br />days advance notice to arrange such temporary wire alterations.
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<br />Emergency. Whenever, in case of fire or other emergency, it becomes necessary in the
<br />judgment of the City Manager, Public Works Director or their delegates, to remove or
<br />damage any of Grantee's facilities, no charge shall be made by Grantee against City for
<br />restoration, repair or damages.
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<br />Tree Trimming. Grantee shall at all times comply with any applicable local ordinances
<br />regarding heritage trees and tree trimming. In the absence of a local heritage tree or tree
<br />trimming ordinance, Grantee shall not trim any trees or other foliage located on private
<br />property prior to obtaining the written consent of the owner of said property. Any
<br />trimming of trees or other foliage by the Grantee in the Rights-of-Way shall not occur
<br />prior to obtaining the written consent of the City. Such trees or other foliage shall be
<br />trimmed at Grantee's own expense as may be necessary to protect its wires and facilities,
<br />subject to supervision and direction by City.
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<br />Protection of Facilities. Nothing contained in this section shall relieve any Person from
<br />liability arising out of the failure to exercise reasonable care to avoid damaging Grantee's
<br />facilities while performing any work connected with grading, regrading or changing the
<br />line of any Rights-of-Way or public place or the construction or reconstruction of any
<br />sewer or water system.
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<br />Locating Facilities.
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<br />a.
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<br />If, during the design process for public improvements, City discovers a potential
<br />conflict with proposed construction, Grantee shall either: (a) locate and, if
<br />necessary, expose its facilities in conflict or (b) use a location service under
<br />contract with City to locate or expose its facilities. Grantee is obligated to furnish
<br />the location information in a timely manner, but in no case longer than thirty (30)
<br />days.
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<br />b.
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<br />City reserves the prior and superior right to lay, construct, erect, install, use,
<br />operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any
<br />Rights-of- W ay and public ways, aerial, surface, or subsurface improvement,
<br />including but not limited to water mains, traffic control conduits, cable and
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<br />11
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