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<br /> Section 5. Underground Conduits and Poles - Use by City
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<br /> (a) If Company shall, from time to time, have spare ducts in its underground conduits or
<br /> spare pins, cross-arms, or space on any of its poles not then necessary in the conduct of its business,
<br /> it shall permit the City to use one such duct in each conduit or reasonable space on poles, or both,
<br /> for the City's police and fire alarm wires, traffic control wire or cable, fiber optic lines connecting
<br /> Ciry facilities or other similar, appropriate, non-commercial, governmental use. If Company shall
<br /> construct or extend additional conduits or erect additional poles, the governing body of the City may
<br /> require the Company to provide one such duct in each conduit, or reasonable space on poles, or both,
<br /> for the City's own use as aforesaid. In either event, the City shall pay Company a fair rental therefor.
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<br /> (b) Company shall cooperate with the City at all times by providing timely and complete
<br /> information regarding the location of conduits and poles, as needed by the City in connection with
<br /> the City's planning and construction, along with such maps, plats, construction documents, and
<br /> drawings as may exist or be created from time to time. Company and City shall cooperate and
<br /> coordinate their efforts to make the most efficient and economical use of facilities.
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<br /> (c) City shall not sell, lease, or otherwise make available its rights to use Company's facilities
<br /> to any third party for commercial purposes. Such rights are provided solely for the non-commercial,
<br /> governmental use by the City. However, this restriction shall not prevent the City from using the
<br /> services of a third party commercial entity to manage or operate the City's facilities on behalf of the
<br /> City, so long as no resale or other commercial use of such facilities shall occur.
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<br /> (d) Company is not authorized to license or lease to any person or entity the right to occupy
<br /> or use the City's rights-of-way for the conduct of any private business.
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<br /> Section 6.a. Conformance with Public Improvements
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<br /> Whenever by reason of the widening or straightening of a street, it shall be deemed necessary
<br /> by the governing body of the City to remove, alter, change, adapt, or conform the underground or
<br /> overhead facilities of Company located in the public right-of-way, such alterations or changes shall
<br /> be made as soon as practicable by Company when ordered in writing by the City, without claim for
<br /> reimbursement or damages against the City, upon the City's furnishing another right-of-way along
<br /> said street; provided, however, if said requirements impose a financial hardship upon the Company,
<br /> the Company shall have the right to present alternative proposals for the City's consideration.
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<br /> Section 6.b. Supervision by City of Location of Poles and Conduit
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<br /> All poles, towers, stubs, guys, anchors, and other above-ground facilities to be hereafter
<br /> placed shall be set so that they shall not unreasonably interfere with the flow of water in any gutter
<br /> or drain, and so that the same shall not unreasonably interfere with ordinary travel on the streets and
<br /> alleys, and so that the same shall interfere as little as reasonably practical with ordinary travel on
<br /> sidewalks and bikeways, and so that they shall not unreasonably compromise public safety at public
<br /> street intersections. The City herein reserves the right to require the Company to install future
<br /> above-ground facilities as far from the vehicular travel lanes as reasonably practical for traffic safety
<br /> and fire protection.
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<br /> Section 7. Work by Others
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<br /> (a) The City reserves the right to lay, and permit to be laid, storm sewer, gas, water,
<br /> wastewater and other pipe lines, cables, and conduits, and to do and permit to be done any
<br /> underground or overhead wark that may be necessary or proper in, across, along, over, or under a
<br /> street, thoroughfare, alley, highway, or public way occupied by the Company. The City also reserves
<br /> the right to change, in any manner, any curb, sidewalk, highway, alley, public way, or street. In
<br /> permitting such work to be done by an independent contractor, the City shall not be liable to the
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