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<br /> (b) In accordance with direction given by the authority of the governing body under the
<br /> police and regulatory powers of the City, the placement of poles and excavations and other
<br /> construction in the streets, thoroughfares, alleys, and other public rights-of-way shall interfere as
<br /> little as practicable with the use of the streets, thoroughfares, sidewalks, and alleys.
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<br /> Section 3. Construction and Maintenance: Excavation
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<br /> (a) The construction, maintenance, and operation of Company's electric power utility system
<br /> and property of Company subject to this franchise shall be subject to lawful police regulations of the
<br /> governing body of the City. The City shall have power at any time to order and require Company
<br /> to remove and abate any pole, wire, cable, or other structure that is unnecessarily dangerous to life
<br /> or property, and in case Company, after notice, fails or refuses to act within a reasonable time, the
<br /> City shall have the power to remove or abate the same at the expense of the Company, all without
<br /> compensation or liability for damages to Company. Company shall promptly restore to as good
<br /> condition as before working thereon, and to the reasonable satisfaction of the City, all streets, alleys,
<br /> and public rights-of-way excavated by it. Engineering plans of those projects involving significant
<br /> construction in public rights-of-way shall be submitted to the City, prior to construction, for review.
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<br /> (b) Except in an emergency, the Company shall comply with applicable City ordinances and
<br /> rules pertaining to notification when excavating pavement in any alley, street, or paved public right-
<br /> of-way. The City shall be notified as soon as practicable regarding work performed under emergency
<br /> conditions, and Company shall comply with the City's reasonable requirements for restoration of the
<br /> excavated area.
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<br /> Section 4. Joint Use of Poles, Trenches, and Conduits
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<br /> (a) The Company may be required to attach its wires to poles owned and maintained by City
<br /> or another franchisee of the City, or to permit the wires of City or such other franchisee, to be
<br /> attached to the poles owned and maintained by the Company, upon reasonable terms and for just
<br /> compensation. In the event that Company and such other franchisee are unable to agree on terms
<br /> and compensation, or if the same are not otherwise resolved or determined within a reasonable time,
<br /> the City, after due notice and a hearing, may prescribe terms and set compensation. The Company
<br /> may require such other franchisee to furnish evidence of adequate insurance and provide indemnity
<br /> covering the City, in the event of another franchisee, and the Company and adequate bonds covering
<br /> the performance of such other franchisee attaching to the Company' s poles as a condition precedent
<br /> to giving permission to such other franchisee to attach wires to Company's poles. Company's
<br /> requirement for such insurance and indemnity must be reasonable.
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<br /> (b) Wires shall be located on poles in compliance with applicable safety standards and shall
<br /> not interfere with the erection, replacement, operation, repair, or maintenance of the wires and
<br /> appurtenances of City or other franchisees of the City occupying the poles. Company shall not be required to attach its wires to the poles of another franchisee of the City or to permit the wires of
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<br /> another franchisee of the City to be attached to Company's poles if it can be satisfactorily shown that
<br /> Company will be subjected to increased risks of interruption of service or liability for accidents, or
<br /> if the poles, wires, and appurtenances of such other franchisee are not of the character, design, and
<br /> construction required by or are not being maintained in accordance with modern practice, or if
<br /> sufficient clearance or space is not available on the pole.
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<br /> (c) Company may be required by City to share trench space for cables or ducts with City or
<br /> another franchisee of the City far the placement of cables or wires underground. Compensation to
<br /> the Company, as well as terms of sharing trench space, shall be resolved as provided in subsection
<br /> (a) of this section. Also, City and Company may require insurance and indemnification as provided
<br /> in subsection (a). Ducts, cables, or wires shall be placed in trenches in compliance with applicable
<br /> safety standards and in a manner that does not interfere with Company's cables or wires, as provided
<br /> in subsection (b).
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