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<br />11.04 Underground Cable: In any subdivision of the
<br />City where telephone and electric lines and cable serve the
<br />subdivision and are located below ground, Karnack shall arrange
<br />to place its cables and wires below ground. Furthermore, where
<br />telephone and electric lines and cables are located above ground,
<br />Karnack may arrange to place its cables and wires below ground.
<br />
<br />11.05 Restoration: In case of any disturbance of
<br />pavement, sidewalk, driveway or other surfacing, Karnack shall,
<br />in accordance with regulations applicable to the making of such
<br />cuts, and in a manner required by regulations and approved by the
<br />Director of Environment and Engineering, replace and restore all
<br />paving, sidewalks, and driveways or surface of any street or
<br />alley disturbed, in as good condition as before work was
<br />commenced, and shall maintain the restoration in an approved
<br />condition for a period of one (1) year. Karnack shall replace or
<br />restore to its original or equal condition all privately arId
<br />publicly owned property damaged as a result of Karnack's
<br />installation of or service to its equipment.
<br />
<br />11.06 Relocation: In the event that at any time
<br />during the period of this franchise the City shall lawfully elect
<br />to alter or change the grade of any street, alley or other public
<br />way, or vacate or abandon it, Karnack, upon reasonable notice by
<br />the City, shall remove, relay or relocate its poles, wires,
<br />cables, underground conduits, manholes and other fixtures, at its
<br />own expense. City shall have the right, at all times, to require
<br />Karnack at its own expense to change the location of any pole,
<br />conduit, line or facility when, in the opinion of the City
<br />Manager, the public convenience requires the change. In the
<br />event a street or other public way is abandoned, Karnack shall
<br />remove all of its facilities from it, and restore the premises
<br />without delay or co~t to the abutting owners or City.
<br />
<br />11.07 Hold Harmless: Karnack's use of utility
<br />easements, streets, alleys and public ways shall be subordinated
<br />to their use by the presently existing City utilities and Karnack
<br />shall hold the City harmless for any damage to Karnack's wires
<br />and equipment located in easements in the event they are damaged
<br />as a result of maintenance operations performed by the City on
<br />the existing facilities, and further, in the event they are
<br />damaged by the future installation, construction, extension,
<br />addition, maintenance or repair of like facilities by the City.
<br />
<br />11.08 Remedy: Should Karnack refuse or fail to
<br />remove or relocate its lines, poles, conduits or other facilities
<br />as provided in this agreement, City shall have the right to do
<br />the work, or cause it to be done, and charge the costs to
<br />Karnack. Collection may be made by court action or otherwise.
<br />
<br />11.09 Temporary Removal of Wire for Building Moving:
<br />Karnack shall, on the request of any person holding a building
<br />moving permit issued by the City, temporarily raise or lower its
<br />wires and cables to permit the moving of buildings. The
<br />reasonable expense of temporary removal, raising or lowering of
<br />wires and cables shall be paid by the person requesting it, and
<br />Karnack shall have the authority to require payment in advance.
<br />The Mover shall give Karnack not less than forty-eight (48) hours
<br />advance notice to arrange for temporary changes.
<br />
<br />11.10 Tree Trimming: Karnack shall have the
<br />authority to trim trees upon and overhanging streets, a1leys,
<br />sidewalks and public places of the City to prevent branches from
<br />coming in contact with Karnack's wire and cable. All trimming
<br />shall be done under the supervision and direction of the City
<br />Manager or his designee and at Karnack's expense.
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