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<br />DRAFT <br /> <br />the terms available to the Grantee for the use of such poles and structures are just <br />and reasonable. <br /> <br />3.4.2 The Grantee agrees to place its cables, wires or other like facilities underground, <br />in the manner as may be required by the provisions of the City Code and City <br />policies, procedures, rules and regulations, as amended from time to lime, where <br />all utility lacilities are placed underground. The Grantee shall not place tacilities, <br />equipmem or lixtures where they wi II interfere with any ex isting gas, electric, <br />telcphone, water, sewer or other utility lacilities or with any existing installations <br />of the City, or obstruct or hinder in any manner the various existing utilities <br />serving the residents of the City. To the extent consistent with the City Code, <br />City policies, procedures, rules and regulations, System cable and facilities may <br />be constructed overhead where poles exist and electric or telephone lines or both <br />are now overhead. However, in no case may the Grnntee install poles in areas of <br />the City where underground lacilities are generally used by the utilities already <br />operating. If the City, at a future date, requires all electric and telephone lines to <br />be placed underground in all or part of the City, the Grantee shall, within a <br />reasonable time, similarly move its cables and lines. If the City reimburses or <br />otherwise compensates any Person using the Rights-of-Way for the purpose of <br />defraying the cost of any of the loregoing, the City shall also reimburse the <br />Grantee in the same manner in which other Persons affected by the requirement <br />are reimbursed. If the funds are controlled by another governmental entity, the <br />City shall not oppose or otherwise hinder any application for or receipt of such <br />funds on behalfofthc Grantce. <br /> <br />3.5 Installation of Facilities. <br /> <br />3.5.1 No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, <br />similar structures or other wire-holding structures shall be erected or installed by <br />the Grantee without obtaining any required permit or other authorization from the <br />City. <br /> <br />3.5.2 No placement of any pole or wire holding structure of the Grantee is to be <br />considered a vested fee interest in the Rights-o/: Way or in City property. <br />Whenever feasible, all transmission and distribution structures, fines, wires, <br />cables, equipment and poles or other fixtures erected by the Grantee within the <br />City are to be so located and installed as to cause minimum interterence with the <br />rights and convenience of property owners. <br /> <br />3.6 Safetv I{eauirements. <br /> <br />3.6.1 All applicable safety practices required by law shall be llsed during construction, <br />maintenance and repair orthe System, and any I-Net. The Grantee agrees, at all <br /> <br />15 <br /> <br />51 <br />