A. Construction and Installation. Subject to the terms of the permit, user may enter upon the right-of-way to perform all work that is necessary to install, operate, maintain, remove, reinstall, relocate, and replace equipment in or on user's non-City facilities or in or on City facilities. Work must meet all standards applicable to the management of the right-of-way, and the City may determine the methods used to place equipment.

B. No Interference. User, in the performance and exercise of its rights and obligations under the permit, shall not interfere in any manner with the existence and operation of any rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, communication system or municipal property, without the express written approval of the owner or owners of the affected personal property or properties. Upon notification by the City, user may be required to review plans of others to determine if interference may occur.

C. Undergrounding Required. All new utility lines shall be placed below ground in a location acceptable to the City. Therefore, user is prohibited from installing any new aerial cables, wire, or conduit. For the purposes of this section, "installing any new aerial cables, wire, or conduit" means a user installing aerial cable, wire, or conduit in a location where that user currently has no aerial cable, wire, or conduit.

D. Obtaining Required Permits. If the excavation, installation, operation, maintenance, removal, reinstallation, relocation or replacement of the equipment in the right-of-way requires any additional permits, user shall obtain the permits and pay any standard and customary permit fees.

E. Relocation. The City shall have the right to require user to change the location of its equipment or to remove its equipment from the right-of-way. Nothing shall be construed to prevent the City from constructing sewers, grading, paving, repairing and/or altering any right-of-way, laying down, repairing or removing water mains or constructing or establishing any other public work, utility or improvement, including repairs, replacement or removal of City facilities. Costs for relocation or removal necessitated for anything other than City-funded projects shall be borne by the person requesting relocation or removal. User shall pay the costs for relocation of user's equipment for City-funded projects. When a project is funded with both private and City funds, user shall pay the percentage of the costs that is equal to the percentage of City funds that were spent on the project. Prior to relocation, the City shall make a reasonable effort to find an alternative location within a public right-of-way for relocated facilities.

Should user fail to remove, adjust or relocate its equipment by the date established by the City, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by user, including all costs and expenses incurred by the City due to user's delay. Upon receipt of a demand for payment from the City, user shall reimburse the City for the costs the City incurred within sixty days.