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<br /> <br /> <br /> <br /> <br /> <br /> trees from coming in contact with the aeria] wires, fiber or cables of the TELEPHONE <br /> <br /> COMPANY, and when so directed by the CITY, said trimming shall be done under the supervision <br /> <br /> and direction of the CITY or of any CITY official to whom said duties have been or may be <br /> <br /> delegated. <br /> <br /> <br /> <br /> SECTION 10 - INDEMNITY <br /> <br /> The TELEPHONE COMPANY shall indemnify and hold the CITY harmless from all <br /> <br /> costs, expenses (including attorney's fees) and damages to persons or property arising directly or <br /> <br /> indirectly out of the construction, maintenance or operation of the TELEPHONE COMPANY'S <br /> <br /> FACILITIES located within the public RIGHTS-OF-WAY found to be caused solely by the <br /> <br /> negligence of the TELEPHONE COMPANY. This provision is not intended to create a cause of <br /> <br /> action or liability for the benefit of third parties but is solely for the benefit of the TELEPHONE <br /> <br /> COMPANY and the CITY; nor is this provision intended to abrogate the common law or statutory <br /> <br /> rights of either the CITY or the TELEPHONE COMPANY to indemnity or contribution from the <br /> <br /> other. <br /> <br /> <br /> <br /> SECTION 11 - ADMINISTRATION OF ORDINANCE <br /> <br /> (a) The CITY may, at any time, make inquiries pertaining to this Ordinance and the <br /> <br /> TELEPHONE COMPANY shall respond to such inquiries on a timely basis by <br /> <br /> providing information which is prepared, maintained and available in the ordinary <br /> <br /> course of business. <br /> <br /> (b) Copies of specifically identified petitions, applications, communications and reports <br /> <br /> submitted by the TELEPHONE COMPANY to the Federal Communications <br /> <br /> Commission or the Public Utility Commission of Texas shall be provided to the CITY <br /> <br /> upon request. <br /> <br /> (b) The CITY may establish, after reasonable notice, such rules and regulations as may be <br /> <br /> appropriate for the administration of this Ordinance and the construction of the <br /> <br /> TELEPHONE COMPANY'S FACILITIES on CITY property to the extent permitted <br /> <br /> by law. <br /> <br /> <br /> <br /> SOUTHWESTERN BELL SETTLEMENT ORDINANCE - Page 6 <br />