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City updates of such maps, plats and permanent records annually if changes have been <br /> made in the System. City shall have right to travel to Grantee's office, within reasonable <br /> proximity of the City,to review an as-built map in accordance with Section 7 (3) of this <br /> Franchise. <br /> (c) If at any time during the period of this Franchise, the City shall elect to <br /> alter, or change the grade or location of any Street, alley or other public way, the Grantee <br /> shall, at its own expense, upon reasonable notice by City, remove and relocate its poles, <br /> wires, cables, conduits, manholes and other fixtures of the System, and in each instance <br /> comply with the standards and specifications of City. If City reimburses other occupants <br /> of the Street, Grantee shall be likewise reimbursed. <br /> (d) The Grantee shall, on request of any Person holding a moving permit <br /> issued by City,temporarily move its wires or fixtures to permit the moving of buildings <br /> with the expense of such temporary removal to be paid by the Person requesting the <br /> same, and the Grantee shall be given not less than ten (10) days advance notice to arrange <br /> for such temporary changes. <br /> (10) Tree Trimming. Grantee shall have the authority to trim trees, in accordance with <br /> all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over <br /> Streets and public places of the City so as to prevent the branches of such trees from coming in <br /> contact with the wires and cables of Grantee. City representatives shall have authority to <br /> supervise and approve all trimming of trees conducted by Grantee. Grantee will contact the <br /> owners of private easements prior to engaging in the trimming of trees or shrubs adjacent to <br /> Grantee's System. Grantee will make reasonable accommodations with and for the property <br /> owner to ensure Grantee's System and cable plant is safe and secure as well as that the property <br /> owner's trees and shrubs are trimmed in accordance with established standards of the National <br /> Arborist Association. <br /> (11) Protection of facilities. Nothing contained in this section shall relieve any Person <br /> from liability arising out of the failure to exercise reasonable care to avoid damaging Grantee's <br /> facilities while performing any work connected with grading, regrading or changing the line of <br /> any Rights-of-Way or public place or the construction or reconstruction of any sewer or water <br /> system. <br /> SECTION 4 <br /> DESIGN PROVISION <br /> (1) Minimum Channel Capacity. <br /> (a) Grantee shall provide a System utilizing a 750 MHz fiber/coaxial hybrid <br /> Cable System which shall be capable of delivering a minimum of eighty (80) video <br /> program Channels. <br /> (b) All programming decisions remain the sole discretion of Grantee subject <br /> to City's rights pursuant to 47 U.S.C. § 545. <br /> 171276 12 <br />