Common use of Use of Public Ways Clause in Contracts

Use of Public Ways. 16.1 Grantee, in any opening it shall make in the City’s Public Ways, shall be subject to the provisions of this Agreement and to all applicable ordinances, codes and regulations of the City. The Wireless Support Structures and Wireless Facilities of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the Public Ways. 16.2 The City reserves the right by resolution of the City Council or otherwise through proper representatives of the City to specifically designate the location of new Wireless Facilities, in the event the location proposed by Grantee interferes with existing Municipal Facilities such as to sewer and water mains, drainage facilities, fiber optic cables, signal poles and lines, public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public and private property. Failure by the City to so designate does not relieve Grantee of its responsibilities in matters of public safety as provided in this Agreement. Grantee shall construct, maintain and locate its Wireless Support Structures and Wireless Facilities so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. 16.3 Except in the cases of emergencies, Grantee shall not move, alter, change or extend any of its Wireless Support Structures and Wireless Facilities in any Public Way unless prior written notice of its intention to do so is given to the Director of Public Works, and permission in writing to do so is granted by the Director of Public Works. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, and with such other terms and conditions as will preserve, protect and promote the safety of the public using the Public Ways, and as will prevent undue interference with or obstruction of the use of the Public Ways by the public, the City or by any other public utility or public service corporation for their respective purposes and functions. 16.4 The City requires that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the Public Ways in order to install, construct, maintain or extend the Wireless Support Structures and Wireless Facilities. Such permits may be made applicable to any and all types of excavations in the Public Ways, as prescribed by City. Such permits may require the particular location in the Public Ways where construction or excavation is to be conducted, the length of time in which such permit shall authorize such work to be done and the hours of each day during which such work shall be undertaken. A single permit maybe issued for multiple excavations to be made in Public Ways; provided, however, any Public Way opening fee established by City shall apply to each excavation made in Public Ways of the City. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations made in the Public Ways without permit, Grantee shall attempt to notify the Director of Public Works or his designee immediately to obtain appropriate guidance and authority; however, in the event Grantee is unable to make such contact after making a diligent attempt to do so, Grantee may make a report of each such excavation to the City within two (2) Business Days and pay such fee as may be established by City for excavations in Public Ways by Grantee. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay Grantee in efficiently discharging its public service obligation. 16.5 Immediately after installation, repair or extension of the Wireless Support Structures and Wireless Facilities or any portion thereof or any pavement cut by Grantee in any Public Way of the City, the incidental trenches or excavations shall be refilled by Grantee in a manner acceptable to the Director of Public Works. Pavement, sidewalks, curbs, gutters or any other portions of Public Ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by Grantee at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, Grantee shall use materials whose type, specification and quantities exceed or are different from those used in the installation, then Grantee at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, Grantee shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the Director of Public Works and the full length of the section or sections cut, a section being defined as that-area marked by expansion joints or scoring or as determined by the Director of Public Works. Grantee shall maintain, repair and keep in good condition for a period of two (2) years following such disturbance all portions of Public Ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. All work by Grantee shall be done in accordance with the Right-of-Way Excavation and Restoration Manual as amended from time to time. 16.6 Grantee shall promptly remove or correct any obstruction, damage, or defect in any Public Way which may have been caused by Grantee in the installation, operation, maintenance or extension of Grantee's telecommunications system. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by Grantee after proper notice so to do, given by the City to Grantee, may be removed or corrected by the City, and the actual cost thereof shall be charged against Grantee. and Any actual expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, communication facilities or other property resulting from construction or maintenance of Grantee's Wireless Support Structures and Wireless Facilities shall be borne by Grantee and any and all actual expense and cost incurred in connection therewith by the City shall be fully reimbursed by the Grantee to the City. 16.7 If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall temporarily restore the affected Public Ways or property. Such temporary restoration shall be at the Grantee's expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 16.8 Grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including the Virginia Work Area Protection Manual as amended from time to time. 16.9 Grantee shall not open, disturb or obstruct, at any one time, any more of the Public Ways than reasonably may be necessary to enable it to proceed in laying or repairing its Wireless Support Structures and Wireless Facilities. Neither shall Grantee permit any Public Ways so opened, disturbed or obstructed by it in the installation, construction, repair or extension of its Wireless Support Structures and Wireless Facilities to remain open or the Public Way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any Public Ways shall be excavated, disturbed or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 16.10 Whenever the City shall widen, reconstruct, realign, pave or repave, or otherwise work on any Public Ways, or shall change the grade or line of any Public Ways, or shall construct or reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of the City, it shall be the duty of Grantee to move, alter or relocate its Wireless Support Structures and Wireless Facilities or any part thereof as requested by the City at Grantee’s expense. Upon written notice by the Director of Public Works of the City's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the Wireless Support Structures and Wireless Facilities or any part hereof may be removed, altered or relocated by the City and the City shall be liable to Grantee for any damages resulting from negligent removal, alteration or relocation. 16.11 In the event any Street or portion thereof used by Grantee shall be vacated by the City or the use thereof discontinued by Grantee during the term of this Franchise Agreement, Grantee shall not be obligated to remove its Wireless Support Structures and Wireless Facilities therefrom unless specifically requested by the City to do so and on the removal thereof Grantee shall, at its own expense, restore, repair or reconstruct the Public Ways where such removal has occurred and restore the Public Ways where such removal has occurred to a condition similar to that existing before such removal took place. In the event of failure, neglect or refusal of Grantee, after one hundred and eighty (180) days’ notice by the City to remove the Wireless Support Structures and Wireless Facilities or to repair, restore, reconstruct, improve or maintain such Street portion, the City may do such work or cause it to be done, and the actual cost thereof as found and declared by the City shall be paid by Grantee as directed by the City and collection may be made by any available remedy. 16.12 Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of Micro-Wireless Facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from City- imposed permitting requirements and fees. However, the City may require a single use permit if such activities (1) involve working within the highway travel lane or require closure of a highway travel lane; (ii) disturb the pavement, shoulder, roadway or ditch line; (iii) include placement on limited access rights-of-way; or (iv) require any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof, and either were not authorized in or will be conducted in a time, place or manner that is inconsistent with terms of the existing permit for that facility or the structure upon which it is attached.

Use of Public Ways. 16.1 Grantee, in any opening it shall make in the public ways of the City’s Public Ways, shall be subject to the provisions of this Agreement and to all applicable ordinances, codes and regulations of the City. The Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the Public Ways. 16.2 The City reserves the right by resolution of the City Council or otherwise through proper representatives of the City to specifically designate the location of new the Wireless FacilitiesSupport Structure, in the event the location proposed by Wireless Facility, or Small Cell Facility of Grantee interferes with existing Municipal Facilities reference to municipal facilities, such as to sewer and water mains, drainage facilities, fiber optic cables, signal poles and lineslines and similar services, other facilities, such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public and private property. Failure by the City to so designate does not relieve Grantee of its responsibilities in matters of public safety as provided in this Agreement. Grantee shall construct, maintain and locate its Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. 16.3 Except in the cases of emergencies, Grantee shall not move, alter, change or extend any of its Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility in any Public Way public way unless prior written notice of its intention to do so is given to the Director of Public Works, and permission in writing to do so is granted by the Director of Public Works, such requirement shall be waived. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, and with such other terms and conditions as will preserve, protect and promote the safety of the public using the Public Ways, and as will prevent undue interference with or obstruction of the use of the Public Ways by the public, the City or by any other public utility or public service corporation for their respective purposes and functions. Such work by Xxxxxxx shall also be coordinated with the City's annual paving program through the Department of Public Works. 16.4 The City requires that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the Public Ways in order to install, construct, maintain or extend the Wireless Support Structures and Structure, Wireless FacilitiesFacility, or Small Cell Facility. Such permits may be made applicable to any and all types of excavations in the Public Ways, as prescribed by City, and City may establish a fee for each excavation made in a Public Way by a Grantee. Such permits may require the particular location in the Public Ways where construction or excavation is to be conducted, the length of time in which such permit shall authorize such work to be done and the hours of each day during which such work shall be undertaken. A single permit maybe issued for multiple excavations to be made in Public Ways; provided, however, any Public Way opening fee established by City shall apply to each excavation made in Public Ways of the City. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations made in the Public Ways without permit, Grantee Xxxxxxx shall attempt to notify the Director of Public Works or his designee immediately to obtain appropriate guidance and authority; however, in the event Grantee is unable to make such contact after making a diligent attempt to do so, Grantee may make a report of each such excavation to the City within two (2) Business Days working days and pay such fee as may be established by City for excavations in Public Ways by Grantee. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay Grantee in efficiently discharging its public service obligation. 16.5 Immediately after installation, repair or extension of the Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility or any portion thereof or any pavement cut by Grantee in any Public Way of the City, the incidental trenches or excavations shall be refilled by Grantee in a manner acceptable to the Director of Public Works. Pavement, sidewalks, curbs, gutters or any other portions of Public Ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by Grantee at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, Grantee shall use materials whose type, specification and quantities exceed or are different from those used in the installation, then Grantee at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, Grantee shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the Director of Public Works and the full length of the section or sections cut, a section being defined as that-area marked by expansion joints or scoring or as determined by the Director of Public Works. Grantee shall maintain, repair and keep in good condition for a period of two (2) years following such disturbance all portions of Public Ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. All work by Grantee shall be done in accordance with the Right-of-Way Excavation and Restoration Manual as amended from time to time. 16.6 Grantee shall promptly remove or correct any obstruction, damage, or material defect in any Public Way which may have been caused by Grantee in the installation, operation, maintenance or extension of Grantee's telecommunications system. Any such obstruction, damage, or material defect which is not promptly removed, repaired or corrected by Grantee after proper notice so to do, given by the City to Grantee, may be removed or corrected by the City, and the actual cost thereof shall be charged against Grantee and may be enforced as a lien upon any of Grantee's properties or assets. and Any actual expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, communication facilities or other property resulting from construction or maintenance of Grantee's Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility shall be borne by Grantee and any and all actual expense and cost incurred in connection therewith by the City shall be fully reimbursed by the Grantee to the City. 16.7 If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall temporarily restore the affected Public Ways or property. Such temporary restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 16.8 Grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including the Virginia Work Area Protection Manual as amended from time to time. 16.9 Grantee shall not open, disturb or obstruct, at any one time, any more of the Public Ways than reasonably may be necessary to enable it to proceed in laying or repairing its Wireless Support Structures and Structure, Wireless FacilitiesFacility, or Small Cell Facility. Neither shall Grantee permit any Public Ways so opened, disturbed or obstructed by it in the installation, construction, repair or extension of its Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility to remain open or the Public Way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any Public Ways shall be excavated, disturbed or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 16.10 Whenever the City shall widen, reconstruct, realign, pave or repave, or otherwise work on any Public Ways, or shall change the grade or line of any Public Ways, or shall construct or reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of the City, it shall be the duty of Grantee to move, alter or relocate in accordance with Section 22 its Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility or any part thereof as requested by the City at Grantee’s expense. Upon written notice by the Director of Public Works of the City's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility or any part hereof may be removed, altered or relocated by the City and the City shall not be liable to Grantee for any damages resulting from negligent such removal, alteration or relocation. 16.11 In the event any Street or portion thereof used by Grantee shall be vacated by the City or the use thereof discontinued by Grantee during the term of this Franchise Agreement, Grantee shall not be obligated to remove its Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility therefrom unless specifically requested by the City to do so and on the removal thereof Grantee shall, at its own expense, restore, repair or reconstruct the Public Ways where such removal has occurred and restore the Public Ways where such removal has occurred to a condition similar to that existing before such removal took place. In the event of failure, neglect or refusal of Grantee, after one hundred and eighty (180) days’ day notice by the City to remove the Wireless Support Structures and Structure, Wireless Facilities Facility, or Small Cell Facility or to repair, restore, reconstruct, improve or maintain such Street portion, the City may do such work or cause it to be done, and the actual reasonable cost thereof as found and declared by the City shall be paid by Grantee as directed by the City and collection may be made by any available remedy. 16.12 Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of Micro-Wireless Facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from City- imposed permitting requirements and fees. However, the City may require a single use permit if such activities (1) involve working within the highway travel lane or require closure of a highway travel lane; (ii) disturb the pavement, shoulder, roadway or ditch line; (iii) include placement on limited access rights-of-way; or (iv) require any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof, and either were not authorized in or will be conducted in a time, place or manner that is inconsistent with terms of the existing permit for that facility or the structure upon which it is attached.

Use of Public Ways. 16.1 Grantee11.1: ZAYO, in any opening it shall make in the Public Ways of the City’s Public Ways, shall be subject to the provisions of this Agreement Franchise and to all applicable ordinances, codes and regulations of the City. The Wireless Support Structures and Wireless Telecommunications Facilities of the Grantee ZAYO shall be located so as not to interfere with the public safety or with the convenience of persons using the Public Ways. 16.2 11.2: The City reserves the right right, by ordinance or resolution of the City Council Council, or otherwise through proper representatives of the City City, to designate specifically designate the location of new Wireless Facilitiesthe Telecommunications Facilities of ZAYO with reference to municipal facilities, in the event the location proposed by Grantee interferes with existing Municipal Facilities such as to sewer and water mains, drainage facilities, fiber optic cablescable, signal poles and lineslines and similar services, other facilities, such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public and private propertyproperty and to facilitate the creation of a convenient, attractive and harmonious community. Failure by the City to so designate does not relieve Grantee ZAYO of its responsibilities in matters of public safety as provided in this AgreementFranchise. Grantee ZAYO shall construct, maintain and locate its Wireless Support Structures and Wireless Telecommunications Facilities so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. 16.3 Except in the cases of emergencies, Grantee shall not move, alter, change or extend any of its Wireless Support Structures and Wireless Facilities in any Public Way unless prior written notice of its intention to do so is given to the Director of Public Works, and permission in writing to do so is granted by the Director of Public Works. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, and with such other terms and conditions as will preserve, protect and promote the safety of the public using the Public Ways, and as will prevent undue interference with or obstruction of the use of the Public Ways by the public, the City or by any other public utility or public service corporation for their respective purposes and functions. 16.4 11.3: The City requires does require that written permits, in any and all cases, be obtained by Grantee ZAYO whenever it becomes necessary for Grantee ZAYO to excavate in the Public Ways in order to install, construct, maintain or extend the Wireless Support Structures and Wireless Telecommunications Facilities. Such permits may be made are applicable to any and all types of excavations in the Public Ways, as prescribed and the Board of Commissioners may, by Cityresolution, establish a fee for each excavation made in a Public Way. Such permits may require the particular location in part or point of the Public Ways where construction or excavation is to be conducted, the length of time in which such permit shall authorize such work to be done and the hours of each day during which such work shall be undertaken. A single permit maybe may be issued for multiple excavations to be made in Public Waysexcavations; provided, however, any Public Way opening fee established by City the Board of Commissioners shall apply to each excavation made in Public Ways of the City. Exceptions to the requirement for a written permit may be allowed in cases of emergencies (conditions involving public safety a service outage or restoration danger of servicepersonal injury or property damage). In the case of emergency excavations made in the Public Ways without permit, Grantee ZAYO shall attempt to notify the Director of Public Works or his designee immediately to obtain appropriate guidance and authority; however, in the event Grantee is unable to make such contact after making a diligent attempt to do so, Grantee may make a report of each such excavation to the City within two (2) Business Days working days and pay such fee as may be established by City the Board of Commissioners for excavations in Public Ways by GranteeWays. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay Grantee ZAYO in efficiently discharging its public service obligation. Any fees for permits or inspections charged by the City shall be based on the City's costs of administering the program of issuing permits and conducting inspections. 16.5 Immediately after 11.4: After installation, repair or extension of the Wireless Support Structures and Wireless Telecommunications Facilities or any portion thereof or any pavement cut by Grantee ZAYO in any Public Way of the City, the incidental trenches or excavations shall be refilled by Grantee ZAYO in a manner reasonably acceptable to the Director Mayor or his designee in the Department of Public WorksTransportation. Pavement, sidewalks, curbs, gutters or any other portions of Public Ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by Grantee ZAYO at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, Grantee ZAYO shall use materials whose type, specification and quantities exceed or are different from those used in the installation, then Grantee and ZAYO at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, Grantee ZAYO shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the Director of Public Works City Engineer and the full length of the section or sections cut, a section being defined as that-that area marked by expansion joints or scoring or as determined by the Director of Public WorksCity Engineer. Grantee ZAYO shall maintain, repair and keep in good condition for a period of two one (21) years year following such disturbance all portions of Public Ways disturbed by GranteeZAYO, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. All work by Grantee shall be done in accordance with the Right-of-Way Excavation and Restoration Manual as amended from time to timeZAYO or its agents or contractors. 16.6 Grantee shall promptly remove or correct any obstruction, damage, or defect in any Public Way which may have been caused by Grantee in the installation, operation, maintenance or extension of Grantee's telecommunications system. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by Grantee after proper notice so to do, given by the City to Grantee, may be removed or corrected by the City, and the actual cost thereof shall be charged against Grantee. and Any actual expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, communication facilities or other property resulting from construction or maintenance of Grantee's Wireless Support Structures and Wireless Facilities shall be borne by Grantee and any and all actual expense and cost incurred in connection therewith by the City shall be fully reimbursed by the Grantee to the City. 16.7 If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall temporarily restore the affected Public Ways or property. Such temporary restoration shall be at the Grantee's expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 16.8 Grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including the Virginia Work Area Protection Manual as amended from time to time. 16.9 Grantee shall not open, disturb or obstruct, at any one time, any more of the Public Ways than reasonably may be necessary to enable it to proceed in laying or repairing its Wireless Support Structures and Wireless Facilities. Neither shall Grantee permit any Public Ways so opened, disturbed or obstructed by it in the installation, construction, repair or extension of its Wireless Support Structures and Wireless Facilities to remain open or the Public Way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any Public Ways shall be excavated, disturbed or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 16.10 Whenever the City shall widen, reconstruct, realign, pave or repave, or otherwise work on any Public Ways, or shall change the grade or line of any Public Ways, or shall construct or reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of the City, it shall be the duty of Grantee to move, alter or relocate its Wireless Support Structures and Wireless Facilities or any part thereof as requested by the City at Grantee’s expense. Upon written notice by the Director of Public Works of the City's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the Wireless Support Structures and Wireless Facilities or any part hereof may be removed, altered or relocated by the City and the City shall be liable to Grantee for any damages resulting from negligent removal, alteration or relocation. 16.11 In the event any Street or portion thereof used by Grantee shall be vacated by the City or the use thereof discontinued by Grantee during the term of this Franchise Agreement, Grantee shall not be obligated to remove its Wireless Support Structures and Wireless Facilities therefrom unless specifically requested by the City to do so and on the removal thereof Grantee shall, at its own expense, restore, repair or reconstruct the Public Ways where such removal has occurred and restore the Public Ways where such removal has occurred to a condition similar to that existing before such removal took place. In the event of failure, neglect or refusal of Grantee, after one hundred and eighty (180) days’ notice by the City to remove the Wireless Support Structures and Wireless Facilities or to repair, restore, reconstruct, improve or maintain such Street portion, the City may do such work or cause it to be done, and the actual cost thereof as found and declared by the City shall be paid by Grantee as directed by the City and collection may be made by any available remedy. 16.12 Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of Micro-Wireless Facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from City- imposed permitting requirements and fees. However, the City may require a single use permit if such activities (1) involve working within the highway travel lane or require closure of a highway travel lane; (ii) disturb the pavement, shoulder, roadway or ditch line; (iii) include placement on limited access rights-of-way; or (iv) require any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof, and either were not authorized in or will be conducted in a time, place or manner that is inconsistent with terms of the existing permit for that facility or the structure upon which it is attached.