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