20-1-107. CONDITIONS ON STREET OCCUPANCY.
All transmission and distribution structures, lines, and equipment erected by the Grantee within the City shall be located so as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets, alleys or other public ways and places.
(1) Grantee shall repair or replace, at its own expense, any and all rights of way, pavements, sidewalks, street improvements, excavations, other facilities, landscaping or other improvements, public or private, used or damaged in the Franchise operations, including construction, installation, and maintenance thereof. Such repair or replacement shall return the property to as good or better condition as it was prior to the work being done.
(2) The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee.
a. Grantee shall notify City at least 72 hours before doing significant trimming. In the event of an emergency where immediate significant trimming is needed to restore existing services or remedy an unsafe condition, Grantee, after making or attempting oral notification to the Public Works Department of the City, may trim the trees, but only the minimum necessary to restore the service or remedy the unsafe condition. The City may use inspectors to observe the Grantee's trimming of the trees to ensure that it is done properly.*
b. The Grantee shall make a reasonable best effort, including written notice, to notify owners of property adjacent to the trees to be trimmed at least 72 hours prior to doing the work.
c. As used herein, "significant trimming" is any trimming of trees beyond minor cuts that do not substantially change the aesthetic character of the tree or damage or injure the tree.
d. For all trimming, the Grantee shall use generally accepted pruning standards of modern arboriculture.
(3) The Grantee shall hold harmless the City and its officers, agents, and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of or any injury to any tree or trees proximately caused by the Grantee or its officers, agents, employees, contractors or subcontractors.