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Work in the Right-of-Way, on other public property, near public property, or on or near private
<br /> property shall be done in a manner that causes the least interference with the rights and reasonable
<br /> convenience of property owners and residents. Grantee's Telecommunications System shall be
<br /> constructed and maintained in such manner as not to interfere with sewers, water pipes, drains, or
<br /> any other property of the City, or with any other pipes, wires, conduits, antennas, pedestals,
<br /> structures, or other Facilities that may have been laid in the Rights-of-Way by, or under, the City's
<br /> authority prior to installation of Grantee's Telecommunications System. The Grantee's
<br /> Telecommunications System shall be located, erected and maintained so as not to endanger or
<br /> interfere with the lives of Persons, or to interfere with new improvements the City may deem proper
<br /> to make or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public
<br /> property, and shall not interfere with the travel and use of public places by the public during the
<br /> construction, repair, operation, replacement or removal thereof, and shall not obstruct or impede
<br /> 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 small cell antennas, ground-mounted appurtenances, or Facilities that must remain above-
<br /> ground to function properly. Facilities that may be altered to function properly below ground are
<br /> not Facilities that may remain above-ground.
<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 Facilities
<br /> shall also be placed underground at no expense to the City or Subscribers unless funding is
<br /> generally available for such relocation to all users of the Rights-of-Way. Facilities that must remain
<br /> above-ground to function properly, must be placed in accordance with the City's applicable code
<br /> requirements and rules. In areas where either electric or telephone utility wiring is aerial, the
<br /> Grantee may install aerial cable, except when a property owner or resident requests underground
<br /> installation and agrees to bear the additional cost in excess of aerial installation.
<br /> New Cingular Wireless PCS,LLC
<br /> Small Cell Franchise 20 of 33
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