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4, <br />the City may deem proper to make or to unnecessarily hinder or obstruct the free use of the <br />Rights -of -Way or other public property, and shall not interfere with the travel and use of public <br />places by the public during the construction, repair, operation, replacement or removal thereof, <br />and shall not obstruct or impede traffic. In the event of such interference, the City may require <br />the removal or relocation of Grantee's lines, cables, equipment and other appurtenances from the <br />property u7 question at Grantee's expense. <br />8.8 Prevent Injury/Safety. <br />Grantee shall provide and use any equipment and Facilities necessary to control and carry <br />Grantee's signals so as to prevent injury to the City's property or property belonging to any <br />Person. Grantee, at its own expense, shall repair, renew, change and improve its Facilities to keep <br />them in good repair, and safe 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 <br />barriers, fences or boarding, the bounds of which, during periods of dusk and darkness, shall be <br />clearly designated by warning lights. The provisions of this Section 8.8 shall survive the <br />expiration, 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, <br />rules or policies of the City, or applicable State or federal law, Grantee's Telecommunications <br />System shall be placed underground at Grantee's expense. Placing Facilities underground does <br />not preclude the use of ground -mounted appurtenances, small cells or associated Facilities. <br />B. Where electric and telephone lines are installed underground at the time of <br />Telecommunications System construction, or when all such wiring is subsequently placed <br />underground, all Telecommunications System lines shall also be placed underground with other <br />wireline service at no expense to the City or Subscribers unless funding is generally available for <br />such relocation to all users of the Rights -of -Way. Related Telecommunications System <br />equipment, such as pedestals or small cells and associated Facilities, must be placed in accordance <br />with the City's applicable code requirements and rules. In areas where either electric or telephone <br />utility wiring is aerial, the Grantee may install aerial cable, except when a property owner or resident <br />requests underground installation and agrees to bear the additional cost in excess of aerial <br />installation. <br />C. The Grantee shall utilize existing poles and conduit wherever possible. <br />D. In the event Grantee camot obtain the necessary poles and related Facilities pursuant to a <br />pole attachnnent agreement, and only in such event, then it shall be lawful for Grantee to make all <br />needed excavations in the Rights -of -Way for the purpose of placing, erecting, laying, <br />maintaining, repairing, and removvlg poles, supports for wires and conductors, and any other <br />Facility needed for the maintenance or extension of Grantee's Telecommunications System. All <br />poles of Grantee shall be located as designated by the proper City authorities and only upon <br />written consent of the City. Grantee shall apply for and obtain appropriate pennits prior to <br />construction or installation of poles or Facilities. <br />18 of30 <br />31 <br />