3.1 No Burden on Public Ways. Company shall not erect, install, construct, repair, replace or maintain its Cable System in such a fashion as to unduly burden the present or future use of the Public Ways. If City in its reasonable judgment determines that any portion of the Cable System is an undue burden, Company at its expense shall modify its System or take such other actions as City may determine are in the public interest to remove or alleviate the burden, and Company shall do so within the time period established by City.
3.2 Minimum Interference. The Cable System shall be erected and maintained by Company so as to cause the minimum interference with the use of the Public Ways and with the rights or reasonable convenience of property owners who adjoin any of the Public Ways.
3.3 Restoration of Property. Company shall immediately restore at its sole cost and expense, in a manner approved by City, any portion of the Public Ways that is in any way disturbed by the construction, operation, maintenance or removal of the Cable System to as good or better condition than that which existed prior to the disturbance, and shall at its sole cost and expense immediately restore and replace any other property, real or personal, disturbed, damaged or in any way injured by or on account of Company or by its acts or omissions, to as good or better condition as such property was in immediately prior to the disturbance, damage or injury. Such a restoration shall start promptly but no more than fifteen (15) days from Company becoming aware of the problem in question.
3.4 Relocation of Facilities. Company shall at its own cost and expense, protect, support, disconnect or remove from the Public Ways any portion of the Cable System when required to do so by City due to street or other public excavation, construction, repair, grading, regarding or traffic conditions; the installation of sewers, drains, water pipes, or publicly-owned facilities of any kind; or the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency or any other type of improvement necessary for the public health, safety or welfare.
3.5 Joint Use. Company shall permit the joint use of its poles, conduits and facilities located in the Public Ways by utilities and by City or other governmental entities to the extent reasonably practicable and upon payment of a reasonable fee.
3.6 Private Property. Company shall be subject to all laws and regulations regarding private property in the course of constructing, installing, operating or maintaining the Cable System in City. Company shall comply with all zoning and land use restrictions as may hereafter exist or may hereafter be amended.
3.7 Underground Facilities. Company's cable wires, and other equipment shall be placed underground wherever existing utilities are underground. If City in the future requires that, in a specific area or areas of City, utilities shall place their cables, wires, or other equipment underground, then Company also shall place its existing and its future cables, wires, or other equipment underground within a reasonable period of time, not to exceed six (6) months, of notification by City and without expense or liability therefore to City. In those developing areas where underground facilities are required and meet the standard of Section 4.5, Company shall install the necessary cables, wires or other equipment at the same time and utilize the same trenches as other utility companies, such as telephone or electric utilities.
3.8 RESERVED
3.9 Temporary Relocation. Upon fifteen (15) business days notice Company shall temporarily raise or lower its wires or other equipment upon the request of any person including without limitation, a person holding a building moving permit issued to City. Company may charge a reasonable rate for this service not to exceed it actual direct costs.
3.10 Vacation. If a street or Public Way where Company has facilities is vacated, eliminated, discontinued or closed, Company shall be notified of same and all rights of Company under this Franchise Agreement to use same shall terminate and Company shall immediately remove the Cable System from such street or Public Way unless Company obtains all necessary easements from the affected property owners to use the former street or Public Way or a court orders the provision of such easements. Where reasonably possible and to the extent consistent with the treatment of other utility facilities in the former street or Public Way. Company shall bear the cost of any removal or relocation of the Cable System unless the vacation is primarily for the benefit of a private party, in which case the private party shall bear such costs. Company shall be provided thirty (30) days notice of any proposed vacation proceeding involving its facilities.
3.11 Discontinuance and Removal of the Cable System. Upon the revocation, termination, or expiration of this Franchise, unless an extension is granted, Company shall immediately (subject to the notice provision of Section 15.2) discontinue the provision of the Cable Services and all rights of Company to use the Public Ways shall cease. Company, at the direction of City, shall remove its Cable System, including all supporting structures, poles, transmission and distribution system and other appurtenances, fixtures or property from the Public Ways, in, over, under, along, or through which they are installed within six (6) months of the revocation, termination, or expiration of this Franchise. Company shall also restore any property, public or private, to the condition in which it existed prior to the installation, erection or construction of its Cable System, including any improvements made to such property subsequent to the construction of its Cable System. Restoration of property including but not limited to the Public Ways shall be in accordance with the directions and specifications of City, and all applicable laws, ordinance and regulations, at Company's sole expense. If such removal and restoration is not completed with six (6) months after the revocation, termination, or expiration of this Franchisee, all of Company's property remaining in the affected Public Ways shall, at the option of City, be deemed abandoned and shall, at the option of the City, become its property or City may obtain a court order compelling Company to remove same. In the event Company fails or refuses to remove its Cable System or to satisfactorily restore all areas to the condition in which they existed prior to the original construction of the Cable System, City, at its option, may perform such work and collect the costs thereof from Company. No surety on any performance bond nor any letter of credit shall be discharged until City has certified to Company in writing that the Cable System has been dismantled, removed, and all other property restored, to the satisfaction of City.
3.12 Underground Street Crossing; Whenever Company must place the Cable System or other facilities beneath the traveled or paved portion of the streets of Public Ways, unless otherwise approved in advance by City, Company shall do so by boring (directional or otherwise) and not by excavation of a trench in which to place cable conduit. Boring (directional or otherwise) shall be done wherever possible so that the excavations necessary for it are not in the paved portion of the right-of-way.
3.12.1 If Company does a bore (directional or otherwise) underneath a street or Public Way, involving distribution cable or fiber, then Company shall make its best efforts to notify City in advance of such bore. If City so desires, Company will then increase the size of the bore (directional or otherwise) with City to pay only the incremental cost of making the bore (directional or otherwise) larger. City may then use any additional space or capacity created by increasing the size of the bore (directional or otherwise), complying with the National Electric Safety Code, for non-competitive uses.
3.13 Tree Trimming. Company may trim trees upon and overhanging the Public Ways so as to prevent branches of such trees from coming into contact with the Cable System. Company shall minimize the trimming of trees to trimming only those trees which are essential to maintain previously informing City. All trimming of trees, except in an emergency, on public property shall have the prior approval of City and except in an emergency all trimming of trees on private property shall require the consent of the property owner.
3.14 Bond.
3.14.1 Company shall provide City no later than thirty (30) days after the acceptance of this Franchise, a performance bond in the amount of Fifty Thousand Dollars ($50,000) from a Security Company meeting the standards of Section 7.9 in a form reasonably acceptable to City as security for the faithful performance by Company of the provisions of the Agreement, and compliance with all orders, permits and directions of any agency of City having jurisdiction over its acts or defaults under this Franchise, and the payment of Company of any claims, liens or taxes due City which arise by reason of the construction, operation, maintenance or repair of the Cable System or provision of Cable Services.
3.14.2 The Condition of such bond should be that if Company fails to make timely payment to City or it's designee of any amount or sum due under this Franchise; or fails to make timely payment to City of any taxes due; or fails to repay City within ten (10) days of written notification that such repayment is due, any damages, costs or expenses which City shall be compelled to pay by reason of any act or default of Company in connection with this Franchise; or fails, after thirty (30) days notice of such failure from City, to comply with any provisions of this Franchise which City reasonably determines can be remedied by an expenditure of the money (including, without limitation, the assessment of liquidated damages), then City may demand and receive payment under such bond.
3.14.3 The rights reserved by City with respect to this section, are in addition to all other rights of City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such articles shall affect any other rights City may have.