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Section 3. That PCI shall lay, maintain, construct, operate, and replace its poles, wires,
<br />anchors, cables, manholes, conduits, and appurtenances used, in whole or in part, to provide
<br />telecommunications services so as to interfere as little as possible with traffic and shall promptly
<br />clean up and restore to as good or better condition, at its cost, all thoroughfares and other surfaces
<br />which it may disturb. The location of all PCI facilities shall be fixed under the supervision of the
<br />CITY's governing body or an authorized committee or agent appointed by said governing body.
<br />All poles, stubs, guys, anchors, and other aboveground facilities shall be set so that they shall not
<br />interfere with the flow of water in any gutter or drain, and so that the same shall not interfere with
<br />ordinary travel on the streets, alleys, highways, public thoroughfares, public utility easements, and
<br />public ways, and so that they shall not compromise public safety. The CITY herein reserves the
<br />right to require PCI to install or relocate aboveground facilities as far from vehicular travel lanes
<br />as reasonably possible for traffic safety purposes. The CITY also herein reserves the right to
<br />require PCI, at its own expense, to install underground all new facilities except to which
<br />aboveground access is necessary for normal maintenance and connections. without claim for
<br />reimbursement or damages against the CITY and to relocate all such existing facilities
<br />underground at the cost of the CITY or others. The location and route of all poles, stubs, guys,
<br />anchors, conduits, cables, and tiber-optic cables to be placed and con tructed by PCI in the CITY,
<br />and the location of all conduits to be laid by PCI within the limits of the CITY shall be subject to
<br />the reasonable and proper regulation, control, and direction of the governing body or of any city
<br />official to whom such duties have been or may be delegated.
<br />Section 4. That PCI shall comply with all reasonable rules and reg ~lations of e CITY
<br />c
<br />highwa s, publ
<br />relative to street excavations, and permits therefore. Any and all streets, alle s,
<br />thoroughfares, public utility easements, public ways and, without limitation by the foregoing
<br />enumerations, other public property disturbed by PCI in building, constructing, renewing, or
<br />maintaining its facilities shall be restored within a reasonable time after the completion of the work
<br />to as good a condition as before the commencement of the work to the satisfaction of the governing
<br />body, or of any city official to whom ~u cured asva resul~rof may adelegated.
<br />or
<br />responsible for all maintenance cost ublic utilit easement,
<br />substandard condition in the street, alley, highway, public thoroughfare, p Y
<br />or public way caused by the construction, maintenance or restoration work of PCI. No street,
<br />alley, highway, public tharoughfare, public utility easement, or public way shall be encumbered
<br />for a longer period than shall be necessary to execute the work. PCI shall submit, in a format
<br />prescribed by CITY, information describing the nature, location, and estimated duration of any
<br />activity which will result in the disturbance of any street, highway, alley, public thoroughfare,
<br />public utiliry easement, or public way.
<br />This information shall be submitted prior to the activity except in the case of emergencies,
<br />in which case the information shall be submitted as soon as practicable. This information
<br />requirement shall not apply to PCI's installation of service wires. When PCI shall make or cause
<br />to be made excavations, or shall place obstructions in any street, alley, highway, public
<br />thoroughfare, public utility easement, or public way, the public shall be protected by barriers and
<br />lights placed, erected, and maintained by PCI; and in the event of injury to any person or damage
<br />to any property by reason of the construction, operation, or maintenance of PCI's facilities, PCI
<br />shall indemnify and hold harmless the CITY from any and all liability in connection therewith.
<br />PCI shall repair, clean up and restore to approximate
<br />or publidit~o ~ adisturbed dur ng
<br />highways, public thoroughfares, public y easements
<br />construction and repair of its facilities.
<br />Section 5. That PCI shall maintain its facilities in a reasonable operating condition at all
<br />normal times during the term or any extension of this franchise. An exception to this condition
<br />is automatically in effect when service furnished by PCI is interrupted, impaired, or prevented by
<br />tires, strikes, riots, or other occurrences beyond the control of PCI, or by storms, floods, or other
<br />casualties, in any of which events PCI shall do all things reasonably within its power to do to
<br />restore normal service.
<br />Section 6. The CITY reserves the right to lay, and permit to be laid, sewer, gas, water,
<br />electric, and other pipelines or cables or conduits, and to do and permit to be done any
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