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a. The construction, operation, and repair of every cable system in the City and all parts thereof shall be performed in an orderly and workmanlike manner. To this end, each person who constructs, operates, or repairs a cable system shall do so in accordance with all applicable Federal, State, local, and industry codes now or hereafter in effect. Without limiting the foregoing, the installation of any cable system shall be in accordance with the requirements of the National Electrical Safety Code (or any superseding code) of the American Insurance Association (or successor organization) and all applicable laws affecting electrical installations and buildings, now or hereafter in effect. A franchise agreement may identify specific construction codes that a grantee must satisfy in addition to this general requirement. In the event of a conflict among codes and standards, the most stringent code requirement or standard shall apply. The City may adopt reasonable additional standards as required to ensure that work continues to be performed in an orderly and workmanlike manner, or to reflect changes in standards which may occur over the term of a franchise, after consultation with each affected grantee.

b. The construction, operation, and repair of the cable system shall be performed by experienced personnel who shall keep the cable system in a safe and suitable condition and in good order and repair. All installations shall be durable and use equipment of good quality.

c. Each grantee shall construct, operate, and repair its cable system so as not to endanger or unduly interfere with the property of the City; any gas, electric, or telephone fixture or other public utility property, including any water or sewer lines or fixtures; or the lives or property of persons; or to unnecessarily hinder or obstruct the use of streets. A grantee shall protect (at its expense) public property and private property from damage caused by the construction, operation, and repair of its cable system, and promptly repair damage the grantee causes or compensate the owner of the property for damage the grantee causes. It shall repair damaged property or pay compensation within no later than ten (10) days of the date of the damage. Each grantee shall construct, operate, and maintain its cable system with due care for the safety and integrity of persons and property, and shall use appropriate safety devices, warning signs, barricades, and lights to prevent harm to persons or property.

d. A grantee shall notify any person whose property is damaged by that grantee within four (4) hours of the time the damage is discovered. At a minimum, this section requires a grantee to place a prominent notice in a prominent place on the damaged property, and to make diligent efforts to contact the property owner or resident directly.

e. All excavation shall be performed so as to create the least inconvenience to the public, and in accordance with permits issued by the City. The City shall have the right to supervise all excavation.

f. If a grantee disturbs any street, public property, or private property during the course of constructing, operating, or repairing its cable system, that grantee shall, at its expense, replace and restore the street or property to as good condition as before said work was commenced as is possible to the reasonable satisfaction of the City (in the case of streets or public property) or the owner (in the case of private property). Each grantee shall at all times comply with the requirements of 47 U.S.C. § 541(a)(2)(A)-(C). If any utility property is affected, including gas, electric, telephone, water, sewer, or storm drain, the owner shall be notified immediately and repairs shall immediately be made under the direction of the affected utility. The streets, public property, or private property affected shall be replaced or restored promptly, no later than within ten (10) days of the date of the disturbance.

g. In any area where any electric or telephone systems are underground, a grantee shall install its cable system underground. If after a grantee installs its cable system, electric or telephone systems are relocated so that any electric or telephone systems in an area are underground, the grantee shall place its cable system in that area underground. Between a street and a subscriber’s residence, if both electric and telephone utility wiring is aerial, a grantee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost of such installation over and above the cost of aerial installation.

h. A grantee shall maintain records of the location of its cable system for both underground and aerial cables. A grantee shall provide information regarding the location of its cable system upon request of the City or any authorized governmental body for engineering design purposes. Location information shall be provided within thirty (30) days of request.

i. Notwithstanding any requirements of underground service alert, grantee shall pothole underground facilities at its expense upon request of the City or any authorized governmental body for engineering design purposes to ascertain the vertical and horizontal location of said facilities. Potholes shall be provided within thirty (30) days of request. Requester shall be notified forty-eight (48) hours in advance of the pot-holing operation, and when the underground facility is exposed for measurement. After requester obtains measurements, grantee shall fill, compact, and pave pothole to the satisfaction of the City. Grantee shall perform all tasks of an “operator” under California Government Code 4216 (Underground Service Alert) and shall be a member of Underground Service Alert of Northern California and Nevada.

j. A grantee shall initially provide to the City a map of the grantee’s cable system within the public right-of-way. This map shall be updated semi-annually, and shall at all times be provided at no cost to the City. (Ord. #80-97, S14)