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<br /> <br /> <br /> <br /> <br /> <br /> Company for any damage so occasioned, except as provided in Section 21 hereof; provided that <br /> nothing herein shall relieve any other person ar corporation from responsibility for damages to the <br /> facilities of Company. <br /> <br /> (b) In the event that the governing body of the City authorizes someone other than the <br /> Company to occupy space above or under the surface of a street, thoroughfare, alley, highway, or <br /> public way, such grant shall be subject to the rights herein granted or heretofore obtained by the <br /> Company. In the event that the governing body of the City shall close or abandon any street, <br /> thoroughfare, alley, highway, or public way which contains existing facilities of the Company, any <br /> conveyance of land within such closed or abandoned street, thoroughfare, alley, highway, or public <br /> way shall be subject to the rights herein granted or heretofore obtained by Company. Provided, that <br /> the Company may be ordered to vacate any land so conveyed if an alternate route is practicable and <br /> if the Company is reimbursed by the person to whom the property is conveyed for the reasonable <br /> costs of removal and relocation of facilities. <br /> <br /> (c) If the City shall require Company to adapt or conform its facilities, or in any way or <br /> manner to alter, relocate, or change its property to enable any other corporation or person, except the <br /> Ciry, to use, or use with greater convenience, said street, thoroughfare, alley, highway, ar public way, <br /> Company shall not be bound to make any such changes until such other corporation or person shall <br /> have undertaken, with good and sufficient bond, to reimburse the Company for any cost, loss, or <br /> expense which will be caused by or arise out of such change, alteration, or relocation of Company's <br /> property; provided, however, that the City shall never be liable for such reimbursement due to <br /> Company from such other corporation or person. <br /> <br /> Section 8. Temporary Removal of Wires <br /> <br /> The Company, upon the request of any person, shall remove, raise, or lower its wires <br /> temporarily to permit the moving of houses or other bulky structures. The expense of such <br /> temporary removal, raising, or lowering of wires shall be paid by the benefitted party or parties, and <br /> the Company may require sucll payment in advance. The Company shall be given not less than ten <br /> (10) days advance notice to arrange for such temporary wire changes. <br /> <br /> Section 9. Tree Trimming <br /> <br /> The Company is hereby granted the right, license, privilege, and permission to trim trees <br /> upon and overhanging the streets, thoroughfares, alleys, sidewalks, bikeways, easements and other <br /> public grounds and public places of the City, so as to prevent the branches of such trees from coming <br /> in contact with the wires or cables of the Company. <br /> <br /> Section 10. Director of Finance <br /> <br /> (a) The Director of Finance is the principal City officer responsible for the administration <br /> of this franchise and shall oversee and review the operations of Company under this franchise. <br /> <br /> (b) The City may delegate to the Director of Finance, or his representative, the exercise of <br /> any of the powers conferred upon the City by its charter or by law relating to the supervising and <br /> regulating of Company in the exercise of the rights and privileges herein conferred, but the governing <br /> body of the City reserves unto itself exclusively the power to fix and regulate the general charges and <br /> rates of Company, to the full extent that such power is provided in the charter, this franchise, and <br /> state law. <br /> <br /> (c) It shall be the right and duty of the Director, or his representative, and the governing body <br /> of the City at all times to keep fully informed as to all matters in connection with or affecting the <br /> construction, reconstruction, maintenance, operation, and repair of the properties of the Company <br /> and its accounting methods and procedures in connection therewith, and the conduct of the <br /> Company's business in the City and of service being rendered by Company. <br /> <br /> <br /> <br /> <br /> 4 <br />