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Grantee's Telecommunications System shall be located, erected and maintained so as not to <br /> endanger or interfere with the lives of Persons, or to interfere with new improvements the City may <br /> deem proper to make or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or <br /> other public property, and shall not interfere with the travel and use of public places by the public <br /> during the construction, repair, operation, replacement or removal thereof, and shall not obstruct or <br /> impede traffic. In the event of such interference, the City may require the removal or relocation of <br /> Grantee's lines, cables, equipment and other appurtenances from the property in question at <br /> Grantee's expense. <br /> 8.8. Prevent Injury/Safety <br /> Grantee shall provide and use any equipment and Facilities necessary to control and carry Grantee's <br /> signals so as to prevent injury to the City's property or property belonging to any Person. Grantee, <br /> at its own expense, shall repair, renew, change and improve its Facilities to keep them in good <br /> repair, and safe and presentable condition. All excavations made by Grantee in the Rights-of-Way <br /> shall be properly safeguarded for the prevention of accidents by the placement of adequate barriers, <br /> fences or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly <br /> designated by warning lights. The provisions of this Section 8.8 shall survive the expiration, <br /> revocation, or termination of this Franchise. <br /> 8.9. Underground Construction and Use of Poles <br /> A. When required by the City, consistent with general ordinances, resolutions, regulations, rules or <br /> policies of the City, or applicable State or federal law, Grantee's Telecommunications System shall <br /> be placed underground at Grantee's expense. Placing Facilities underground does not preclude the <br /> use of ground-mounted appurtenances. <br /> B. Where electric and telephone lines are installed underground at the time of Telecommunications <br /> System construction, or when all such wiring is subsequently placed underground, all <br /> Telecommunications System lines shall also be placed underground with other wireline service at <br /> no expense to the City or Subscribers unless funding is generally available for such relocation to all <br /> users of the Rights-of-Way. Related Telecommunications System equipment, such as pedestals, <br /> must be placed in accordance with the City's applicable code requirements and rules. In areas <br /> where either electric or telephone utility wiring is aerial, the Grantee may install aerial cable, except <br /> when a property owner or resident requests underground installation and agrees to bear the <br /> additional cost in excess of aerial installation. <br /> C. The Grantee shall utilize existing poles and conduit wherever possible. <br /> D. In the event Grantee cannot obtain the necessary poles and related Facilities pursuant to a pole <br /> attachment agreement, and only in such event,then it shall be lawful for Grantee to make all needed <br /> excavations in the Rights-of-Way for the purpose of placing, erecting, laying, maintaining, <br /> repairing, and removing poles, supports for wires and conductors, and any other Facility needed for <br /> the maintenance or extension of Grantee's Telecommunications System. All poles of Grantee shall <br /> be located as designated by the proper City authorities and only upon written consent of the City. <br /> 18 of 30 <br />