Ord 2012-032 - Laserfiche WebLink

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5.4 PEC shall have the right to trim trees or bushes upon the Public Rights of Way of the City, so as to prevent the branches thereof from coming in contact with the wires or cables of PEC, and said trimming shall be done with prior notice to the City Manager or designated official to whom such duties have been delegated. In the case of an emergency necessary to protect the health, safety or welfare of the public, PEC shall have the right to trim trees or bushes and provide notice to the City afterwards. PEC shall trim trees in accordance with ANSI industry standards for tree pruning. The authority to do such cutting and trimming, however, does not extend to trees which are designated by the City by an ordinance as having special status; prior express approval for such cutting and trimming is required. 5.5 PEC is a "Public Services Provider" (as defined in Chapter 74, ARTICLE 4 OF THE SAN MARCOS CODE) and is exempt from those permit fees as described in Chapter 74, ARTICLE 4 OF THE SAN MARCOS CODE. 5.6 Within one hundred twenty (120) days of completion of each segment of PEC's facilities, PEC shall supply the City with a set of "as built" drawings (or if "as built" drawings are not available, functionally equivalent depictions of the facilities) for the segment in the format customarily maintained by PEC. 5.7 This Franchise does not relieve PEC of the obligation to obtain all permits, licenses and other approvals from the City or other units of government which are required for the construction, repair or maintenance of the Electric Distribution and Transmission System. SECTION 6. Reservation of use of right -of -way by city and other right -of -way users; use of PEC's poles 6.1 The City reserves the right to lay, and to permit to be laid, sewer, cable television, water, telephone, electric and other lines, cables and conduits, and to do and permit to be done any underground or overhead work that may be necessary or proper in, across, along, over, or under any Public Way occupied by PEC. Without waiving any Constitutional or statutory prohibitions to the contrary, the City shall only be liable to the extent permitted by law to PEC for the damage, if any, to PEC which is the result of the negligence or willful misconduct of the City or its employees. The City shall not be liable, under any circumstances, for damages caused to PEC as a result of work done by persons other than the City's employees, or the City's agents or contractors unless the specific actions taken or specific work done by the City's agents and contractors which is the subject of the claim for damages was performed under the direction, supervision or control of the City. By this agreement it is not the intention of either the City or PEC that the City assumes liability in general for the negligence or willful misconduct of the City's agents or contractors for any and all work performed by them for or on behalf of the City, but only in the limited circumstances described above. 8