Article 8. CONSTRUCTION STANDARDS  

1.

Permits. Grantee shall obtain the necessary permits required by each City before commencing construction of the System in that City, including the opening or disturbance of any Street or Public Property.

2.

Right of Inspection of Construction. Grantor shall have the right to inspect at Grantor's expense all construction or installation work performed subject to the provisions of this Franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this Franchise and other pertinent provisions of law.

3.

Construction Codes. Grantee shall adhere to all building and zoning codes currently or hereafter in force in Cities. Grantee shall arrange its lines, cables and other appurtenances, on both Public and private Property, in such a manner as to not unnecessarily interfere with the usual and customary trade, traffic, or travel upon the Streets and Public Property of the Franchise Area or endanger the lives or property of any Person. In the event of such interference, Grantor or affected City may require the removal of Grantee's lines, cables and appurtenances from the Street or Public Property in question.

4.

Repair of Streets. Streets which are disturbed or damaged during the construction, operation, maintenance or reconstruction of the System shall be promptly repaired by Grantee, to the equivalent condition they were prior to the disturbance, at Grantee's expense and to the satisfaction of affected City.

5.

Erection of Poles Prohibited. Grantee shall not erect, for any reason, any pole on or along any Street or Public Property in an existing aerial utility system. If additional poles in an existing aerial route are required, Grantee shall negotiate with the utility for the installation of the needed poles. Any such addition shall require the advance written approval of the affected City. Grantee shall negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions. Grantor shall assist in arriving at an equitable pole rental agreement.

6.

Reservations of Street Rights. Nothing in this Franchise shall be construed to prevent Cities from constructing sewers, grading, paving, repairing or altering any Street or Public Property, or laying down, repairing or removing water mains or constructing or establishing any other public work. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of poles, wires, conduits, conductors, pipes or appurtenances of Grantee. If any such property of Grantee shall interfere with the construction or repair of any Street, Public Property or public improvement, whether it be construction, repair or removal of a sewer or water main, the improvement of Street, Public Property or any other public improvement, then all such property of Grantee shall be removed or replaced in such manner as shall be directed by the affected Cities so that the same shall not interfere with the public works of such Cities. Such removal or replacement shall be at the expense of Grantee.

7.

Movement of Facilities. Upon reasonable notice from the City, Grantee shall temporarily move its wires, cables, poles or other Cable System facilities for the purpose of moving a large object, vehicle, building or other structure over the Streets or Public Property. The cost of such temporary movement shall be borne by the Person requesting the movement of Grantee's facilities.

8.

Underground Installation. In those areas within the Franchise Area where Cable System facilities are currently placed underground, all Cable System facilities shall remain or be placed underground. In areas where either telephone or electric utility facilities are above ground at the time of installation, Grantee may install its Cable System facilities above ground, provided that at such time as either electric or telephone utility facilities are placed underground, the Franchisee shall likewise place its Cable System facilities underground without cost to the Grantor.

9.

Conduit. All new trunk and distribution plant required pursuant to section 7.13 of this Franchise and which is required to be buried underground pursuant to section 8.8 of this Franchise shall be encased in conduit.