A.    All transmission and distribution structures, lines, and equipment erected by the company within the franchise area shall be so located as to cause minimum interference with the proper use of public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said public ways and places. The cable system shall be constructed and operated in compliance with all city, state and federal construction and electrical codes and shall be kept current with new codes. The company shall install and maintain its wires, cables, fixtures and other equipment at such locations and in such manner as shall be approved by the city engineer to insure that they will not interfere with any installations of the city or of the public utility serving the city.

    B.    Any company, at its sole expense, shall obtain all required inspection permits from the city prior to commencing construction and/or reconstruction activities in public right-of-ways. The city will not unreasonably withhold the granting of such permits. In case of disturbance of any public way, or paved area, the company shall, at its own cost and expense and in a manner approved by the city, replace and restore such public way or paved area to a condition reasonably comparable to the condition of the public way or paved area existing before the work involving such disturbance was done.

    C.    If at any time during the period of the franchise the city shall lawfully elect to alter or change the grade of any public way, the company, upon reasonable notice, not to be less than fifteen business days by the city, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.

    D.    Any poles or other fixtures placed in any public way by the company shall be placed in such manner as not to interfere with the usual travel on such public way.

    E.    The company shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal of raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require such payment, in advance. The company shall be given not less than ten business days advance written notice to arrange for such temporary wire changes.

    F.    The company shall have the authority to trim trees upon and overhanging public ways and places of the franchise area so as to prevent the branches of such trees from coming in contact with the wires, cables, or other equipment of the company. The company shall be permitted to charge persons who own, or are responsible for, such trees or natural growth for the cost of such trimming, provided that similar charges are assessed by and paid to the utilities or the city for tree trimming.

    G.    The company shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the company when required by the city following reasonable notice for reasons of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the company shall in all such cases have the rights and obligations of abandonment of property of the company, subject to this code.

    H.    The city shall have the right to make additional use, for any public or municipal purpose, of any poles or conduits controlled or maintained exclusively by or for the company in any street, provided such use by city does not interfere with the use by the company. The city shall indemnify the company and hold it harmless against and from any and all claims, demands, causes of actions, suits, actions, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of such use of the company's poles or conduits. (Ord. 496 § 2 (part), 1993)