§ 13. Conditions on street occupancy and system construction.

I.

Use. All transmissions and distribution structures, lines, and equipment constructed by the grantee within the city shall be so located as to cause minimum interferences with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the right or reasonable convenience of property owners who adjoin any of said streets, alleys or public ways and places.

II.

Restoration. In case of any disturbance of pavement, sidewalks, driveways, or other surfacing, the grantee shall at its own expense and in a manner approved by the city manager, replace or restore such places so disturbed in as good condition as before said work was commenced, and shall maintain the restoration in a condition approved by the city for the full period of one year, and if the grantee fails to do so, the city may undertake such restoration at the expense of the grantee.

III.

Relocation. In the event that at any time during the period of this ordinance the city shall lawfully elect to alter or change the grade or alignment of any street, alley or other public way and place, or otherwise perform any construction, the grantee, upon reasonable notice by the city, shall remove, re-lay and relocate its equipment at its own expense.

IV.

Placement of fixtures. The grantee shall not place any fixtures or equipment where the same will interfere with any existing gas, electric, telephone or sewer and water lines, fixtures and equipment, and the locations by the grantee or its liens and equipment shall be in such manner as to not interfere with the usual travel on said streets, alleys and public ways and the use of the same by gas, electric, telephone and water and sewer lines and equipment.

V.

Temporary removal of wires for building moving. The grantee 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 moving or raising of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee may require not less than 48 hours notice to arrange for such temporary wire changes.

VI.

No property right. Nothing in this ordinance shall grant to the grantee any right of property in city-owned or public property nor shall the city be compelled to maintain any of its property any longer than, or in any fashion other than in the city's judgment, its own business or needs may require in the sole discretion of the city.

VII.

Interference with public works. Upon reasonable notice, the grantee, at its expense, shall protect, support, temporarily disconnect, relocate or remove any property of the grantee when, in the opinion of the city, the same is required by reason of:

(a)

Traffic conditions, public safety, street repair or relocation, or freeway or street grade installation;

(b)

Repair or removal of sewers, drains, water pipes, utility and communication lines, transportation facilities, tracks, or any general program under which the city shall undertake to cause any such properties to be located beneath the surface of the ground and any other improvements by governmental agencies whether acting in a governmental or a proprietary capacity; or

(c)

Any other construction or public improvement, including but not limited to movement of buildings and redevelopment. Action taken pursuant to this section shall not be deemed a taking of the property of the grantee, and the grantee shall not be entitled to a surcharge by reason of anything under this subsection.

VIII.

Failure to perform required work. Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this ordinance to be done in any public way within the time prescribed and to the satisfaction of the city, the city may, at its option, cause such work to be done; and the grantee shall pay to the city the itemized direct cost within 45 days after receipt of an itemized demand by the city. Such costs include but are not limited to actual costs incurred by the city and the costs associated with city personnel for the time expended related to grantee's failure.

IX.

Nonliability of city. The city shall not be liable for any damage occurring to the property of the grantee caused by employees of the city in the performance of their duties, nor shall the city be held liable for the interruption of service by actions of city employees in the performance of their duties, nor shall the city be held liable for the failure of the grantee to be able to perform normal services due to the acts of God.

X.

Permits, easements and agreements. The city shall not be required to assume any responsibility for the securing of any rights-of-way or easements, nor shall the city be responsible for securing any permits or agreements with other persons or utilities.