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<br />DRAFT <br /> <br />times, to employ ordinary and reasonable care and to install and maintain in use <br />commonly accepted methods and devices for preventing failures and accidents <br />that are likely to cause damage or injuries to the public or to property. All <br />stmctures and all lines, equipment and connections in the Rights-ol~Way shall at <br />aIJ times be kept and maintained in a safe condition, consistent with applicable <br />safety codes. <br /> <br />3,6.2 The Grantee's construction, operation or maintenance of the System, and any 1- <br />Net, as applicable, shall be conducted in such a manner as not to interfere with <br />City communications technologies related to the health, san~ty and welfare orCity <br />residents. <br /> <br />3.6.3 The Gra11lee shaH install and maintain 50ch devices as will apprise or warn <br />Persons and governmental entities using the Right5-of~ Way of the existence of <br />work being performed on the System, and/or any I-Net in Rights-of~Way. <br /> <br />3.6.4 The Grantee shall be a member of the One Call Notification System (otherwise <br />known as "Gopher Stale One CaW) or its suecessor, and shall field mark the <br />locations of its underground facilities upon request. Throughout the twn of this <br />Franchise. the Grantee shall identifY the location of its laciJities lor the City or the <br />Commission at no charge to the City or the Commission. <br /> <br />3,7 Citv Use of Facilities, <br /> <br />The City, after consultation with the Grantee, shall have the right to use lor its sole <br />Noncommercial purposes the Grantee's poles, conduits, ducts and manholes fj'ee of <br />charge. provided that such current or c011linued use will not unreasonably interfere with <br />the present or lilture needs or operations of the Grantee. Any costs associated with such <br />use and the value of such use shall not be onset against fj'anchise fee payments or any <br />other payments made to the City or the Commission pursuant to this Franchise or <br />applieable laws, orders and regulations. <br /> <br />16 <br /> <br />J2- <br />