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underground at the ~Jme of network construction. In areas where either tele- <br /> <br />phone or electric utility facilities are installed aerially at the time of <br />network construction, cable television feeders and drop cables may be installed <br /> <br />aerially with the understanding that at such time as the existing aerial facil- <br />ities are placed underground, cable television facilities shall, within 90 <br /> <br />days, similarly be moved underground, with the cost borne solely as the obli- <br />gation of the Company. If a property owner directs that the Company facilities <br /> <br />be placed underground whece electric and telephone facilities are aerial, the <br /> <br />property owner shall pay the additional expense of such installation in <br /> <br />accordance with chargcs approved by the Council. <br /> <br />d) STREET USE AND OCCUPANCY <br /> <br />i. Permits <br /> <br />The Company shall be responsible for obtaining all neces- <br />sary permits for construction im any street. The Company <br />shall notify Lhe C~ty at least ten (10) days prior to the <br />intention to commence any construction in a street over <br />which City government maintains control. The City shall <br />cooperate with the Company in granting any permits <br />required amd shall issue such permits within five (5) <br />working days, providing such grant and subsequent con- <br />structJon by the Company shall not unduly interfere with <br />the use of such streets and that proposed construction <br />shall be done in accordance with the pertinent provisions <br />of this contract and the ordinances of the City. <br /> <br />~O oonstrucgJon, reconstruction or reincation of the <br />cable :~e]evision system or any part thereof shall be <br />commenced until written permits have been obtained from <br />the Public Works Department which shall be granted within <br />five (53 working days of the request. In any permit so <br />issued, conditions and regulations may be imposed as are <br />necessary for the purpose of protecting any structures in <br />the streets~ the proper restoration of such streets and <br />structures, and for the protection of the public and the <br />con£inuity of pedestrian and vehicular traffic. <br /> <br />The Company must comply with provisions of governing law <br />of St. Louis County in regard to the use of County <br />Arterial Roads within the limits of the City for <br />construction and operational purposes, <br /> <br />2. Tree Trimming <br /> <br />The Company shall have the authority to trim any trees <br />which overhang rights of way or streets within the City <br />so as to prevent the branches of such trees from coming <br />into contact with any properly installed facilities of <br />the Company. In connection therewith, the Company will <br />exercise proper Judgment and will attempt, insofar as is <br />reasonably possible, to minimize said tree trimming <br />except that at the option of the City, such trimming may <br />be done by it or under its supervision and direction at <br />the expense of the Company. No such trimming may be <br />undertaken by the Company or the City without first pro- <br />viding notice and consultation with the other party. In <br />the evept the trimming is done by the Company or under it <br />supervision and direction, the Company shall defend and <br />hold the C~ty harmless for any and all damage to any tree <br />as a result of trimming, or to the land surrounding any <br />tree, whether such tree is trimmed or removed. <br /> <br />2O <br /> <br /> <br />