(1) All electric facilities installed or used under authority of this franchise shall be used, constructed and maintained in accordance with applicable Federal, State and City laws, codes and regulations.

(2) Except in the case of an emergency, PacifiCorp shall, prior to commencing new construction or major reconstruction work in the public way or street or other public places, apply for applicable permit(s) from the City and these permits shall not be unreasonably withheld, conditioned, or delayed. PacifiCorp will abide by all applicable ordinances and all rules, regulations and requirements of the City. The City may inspect the manner of such work and require remedies as may be necessary to assure compliance. Notwithstanding the foregoing, PacifiCorp shall not be obligated to obtain permits to perform emergency repairs. As used herein, the term “emergency” means a condition or situation that causes, or that, if not immediately remediated, is likely to cause: (a) endangerment to life, (b) injury/damage to person or property, including grantee’s electrical system, (c) impairment of the security or reliability of grantee’s electrical system or (d) an electrical outage.

(3) All electric facilities shall be located so as to cause minimum interference with the public ways of the City and shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with applicable rules, ordinances and regulations of the City.

(4) If, during the course of work on its electrical facilities, PacifiCorp causes damage to or alters the public way or public property, PacifiCorp shall (at its own cost and expense and in a manner approved by the City) replace and restore it to a condition comparable to that which existed before the work commenced.

(5) In addition to the installation of underground electric distribution lines as provided by applicable State law and regulations, PacifiCorp shall, upon payment of all charges provided in its tariffs or their equivalent, place newly constructed electric distribution lines underground as may be required by City ordinance.

(6) The City as well as its emergency service providers shall have the right without cost to use all poles and suitable overhead structures owned by PacifiCorp within public ways for City and its emergency service providers’ wires used in connection with its fire alarms, police signal systems, or other communication lines used for governmental purposes; provided, however, any such uses shall be for activities owned, operated or used by the City and its emergency service providers for a public purpose and shall not include the provision of CATV, internet, or similar services to the public; provided further, that PacifiCorp shall assume no liability nor shall it incur, directly or indirectly, any additional expense in connection therewith, and the use of said poles and structures by the City and its emergency service providers shall be in such a manner as to prevent safety hazards or interferences with PacifiCorp’s use of same. Nothing herein shall be construed to require PacifiCorp to increase pole size, or alter the manner in which PacifiCorp attaches its equipment to poles, or alter the manner in which it operates and maintains its electric facilities. City and its emergency service providers’ attachments shall be installed and maintained in accordance with the reasonable requirements of PacifiCorp and the current edition of the National Electrical Safety Code pertaining to such construction. Further, City and its emergency service providers’ attachments shall be attached or installed only after written approval by PacifiCorp.

(7) PacifiCorp shall have the right to excavate the public ways subject to advance approval of City; provided, that such approval shall not be unreasonably withheld, conditioned or delayed. Before installing new underground conduits or replacing existing underground conduits, PacifiCorp shall first notify the City of such work and shall allow the City, at its own expense, to share the trench of PacifiCorp to lay its own conduit therein; provided, that such action by the City will not unreasonably interfere with PacifiCorp’s electric facilities or delay project completion.

(8) Before commencing any street improvements or other work within a public way that may affect PacifiCorp’s electric facilities, the City shall give written notice to PacifiCorp.

(9) No structures, buildings or signs shall be erected below PacifiCorp’s facilities or in a location that prevents PacifiCorp from accessing or maintaining its facilities.

(10) PacifiCorp shall provide the City with a report of all new services created within City boundaries on an annual basis during the term of this franchise. The City shall provide written confirmation of the accuracy of the report and/or any corrections thereto to PacifiCorp within a reasonable time following receipt of the report. (Ord. 127 § 8, passed 5-9-2017)