Section 5.34.080 Occupancy of Streets and Public Easements.

A. Existing facilities. The operator shall utilize existing poles, conduits, and other facilities whenever feasible and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public or private property until the written approval of the City is obtained.

B. Underground installation. The facilities of the operator shall be installed underground to the fullest extent possible. !n areas where either telephone or electric utility facilities are installed aerially at the time of construction of the network, the operator may install its facilities aerially with the understanding that at such time as both telephone and electrical facilities are relocated underground, the operator shall likewise place its facilities underground. Previously installed aerial cable shall be relocated in concert with other utilities at the operator's cost when the other utilities convert from aerial to underground construction. Any streets or sidewalks damaged or disturbed in the construction or operation of operator's poles, cables and other installations shall be promptly repaired and restored by the operator at its expense and to the reasonable satisfaction of the City.

C. Location and condition. The operator shall locate all transmission lines, equipment, and structures so as to cause minimum interference with the rights and reasonable convenience of property owners. The operator shall install and maintain its lines, equipment, and structures in accordance with the requirements of the National Electrical Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the National Board of Fire Underwriters.

D. Excavation permits. The operator shall not open or disturb the surface of any street, sidewalk, driveway, or public place for any purpose without first obtaining a permit to do so from the City. In addition, where existing conduit or backyard easements are not available for underground installation, the operator shall design the network in such a manner as to permit construction behind and parallel with street curbing, in parking strips, or under the sidewalks where available, with a minimum of street excavation.

E. Use of easements. The operator may install network facilities in public utility easements. Upon commencement of installation of facilities in a public utility easement, the operator shall proceed diligently to complete the installation. No trenches or otherwise uncovered areas shall be left open longer than allowed by the terms of the encroachment permit as provided by the City.

F. Changes required by public improvements. The operator shall, at its expense, temporarily disconnect, relocate or remove from the street or other public place any property of the operator when required by the City by reason of traffic conditions, public safety, street vacation, street construction, installation of sewers, drains, water pipes, or any other type of structure or improvement by public agencies. If the City elects to change the grade of any street or public way, or to vacate or otherwise alter the same, the operator shall relocate its poles and other installations at its expense.

G. Protection of facilities. Nothing contained in this section shall relieve the City or any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid damaging the operator's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.

H. Requests for removal or change, The operator shall, at the request of any person holding a building or moving permit, temporarily raise or lower its wires to permit the building or moving to proceed. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the action, and the operator shall have the authority to require such payment in advance. The operator shall be given no less than five (5) days written notice of any move contemplated to arrange for temporary wire changes.

I. Authority to trim trees. The operator shall have the authority to trim trees upon end overhanging streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the operator. The same requirements for reasonable notice that are specified for access to private properly shall be required prior to trimming trees.

J. Restoration or reimbursements. In the event of disturbance of any street or private property by the operator, the operator shall, at its own expense and in a manner approved by the City or the owner, replace and restore such street or private property in as reasonably good a condition as before the work causing such disturbance was done. All restoration work shall be guaranteed by the operator for a period of one year to be free from structural defects. In the event there is any problem with restoration work, the operator shall, upon written notice from the City, repair the defect within fifteen (15) days (weather permitting) of receiving notice unless otherwise agreed upon by the City. in the event operator fails to perform such replacement or restoration, the City shall have the right to do so at the sole expense of operator.

K. Emergency removal of network. If in the case of fire or disaster in the City it shall become necessary in the reasonable judgment of the City to cut or move any of the wires, cables, amplifiers or other appurtenances to the network of the operator, such cutting or moving may be completed. Any repairs rendered necessary thereby shell be made by the operator at its sole expense.

L. Alternate routing of network. In the event continued use of a street or other easement or right-of-way is denied to the operator by the City, the operator shall provide service to the affected subscribers over alternate routes within a reasonable period of time agreed upon by the City.