§ 9. Conditions of street occupancy.

(a)

Whenever Company takes up or disturbs any pavement, sidewalk, or other improvement of any public way or public place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable. If Company fails to make such restoration within a reasonable time, City may fix a reasonable time for such restoration and repairs and shall notify Company in writing for the performance thereof. Upon failure of Company to comply within the time and manner required, City may cause proper repairs and restoration to be performed and the reasonable expense thereof shall be paid by Company to City upon demand.

(b)

All transmission and distribution equipment, lines, and structures erected by Company shall be so located as to not unreasonably interfere with the proper use of streets, alleys, sidewalks, and other public ways and places, and so as to not unreasonably interfere with the rights and reasonable convenience of abutting property owners.

(c)

If at any time during the term of this franchise City determines to change or alter the grade of any street, alley, sidewalk, or other public way or place, Company, upon notice from City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.

(d)

Company shall, on request, of any person holding a building moving permit issued by City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering shall be paid by the person requesting the same, and Company shall be entitled to require payment in advance.

(e)

In all sections of the City where the cables, wires, or other like facilities or public utilities are placed underground, Company shall place its wires, cables, or other like facilities underground to the extent that existing technology permits and is economically feasible.