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01/28/2013 <br /> B. In the event of a conflict among construction codes and standards, the most <br /> stringent code or standard shall apply (except insofar as that standard, if <br /> followed, would result in a system that could not meet requirements of <br /> Federal, State or local law). Where there is a conflict in construction <br /> standards, the City Engineer shall be responsible for making the final <br /> determination as to which standard to apply. <br /> C. Permittee shall at all times employ reasonable care, within the meaning of <br /> applicable law, and shall install and maintain in use, commonly accepted <br /> methods and devices for preventing failures and accidents that are likely to <br /> cause damage, injury, or nuisance to the public. Without limiting the <br /> foregoing, all permittee's facilities located on public property shall be <br /> constructed, operated and maintained in accordance with good engineering <br /> practices and perFormed by experienced and properly trained maintenance <br /> and construction personnel. <br /> D. All permits issued after the effective date of this ordinance shall require <br /> private utilities, telephone, electrical, cable and communications facilities to <br /> be installed underground, except for equipment appurtenant to underground <br /> facilities, as approved by the City and found to be required to be located <br /> above ground, such as surFace mounted transformers, pedestal mounted <br /> terminal boxes and meter cabinets, and concealed ducts. However, in those <br /> areas where poles now exist and electric and telephone lines are now <br /> overhead, permittee may install facilities overhead if using the same poles. <br /> Whenever and wherever the owner of the poles moves its plant from <br /> overhead to underground placement in an area, all permittee's facilities must <br /> be relocated and moved underground as directed by the City Engineer, at <br /> permittee's expense, and in accordance with then-existing City practices, <br /> policies and regulations. This exception shall not apply within an underground <br /> district where all facilities must be installed underground. <br /> E. Permittee shall locate, construct, operate and maintain its facilities in such a <br /> manner that they: (1) will not endanger or interFere in any manner with the <br /> public rights-of-way; (2) will not interFere with legal rights of any property <br /> owner; (3) will not unnecessarily hinder or obstruct pedestrian or vehicular <br /> traffic; (4) will not interfere with City facilities; (5) will not interFere with any <br /> gas, electric, telephone, telecommunications, water, sewer, or other utility <br /> facilities already located in the right-of-way; and (6) will not obstruct or hinder <br /> in any manner other entities' previously approved use of any public rights-of- <br /> way. <br /> F. Permittee shall, to the satisfaction of the City, repair all water and sanitary <br /> service lines, streets, sidewalks, curbs, gutters or other public or private <br /> property, structures, improvements or facilities disturbed or damaged by <br /> construction or operation pursuant to the permit. All such repairs shall be <br /> done in accordance with City standard specifications, details and <br /> requirements of the Department. <br /> ATTY/ORD.377/AMENDING CHAPTER 29 STREETS,SIDEWALKS AND DRIVEWAYS ORD.#2390 <br /> REV:01-22-13 PT FORMERLY MUFF#305 <br /> Page 12 of 28 <br />