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2022 Ordinances
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2022 Ordinances
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12/15/2022 3:28:01 PM
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promptly undertake and complete the required permanent restoration when the <br />weather or other conditions no longer prevent such permanent restoration. <br />(c) Lumos or any other person or agent acting on its behalf shall use suitable <br />barricades, flags, flaggers, lights, flares and other measures as required for the safety of <br />all members of the general public and to prevent injury or damage to any person, vehicle <br />or property by reason of such work in or affecting such ways or property and shall <br />comply with all federal, state, and local laws and regulations, including, but not limited <br />to, the flagging requirements of the Virginia Department of Transportation. <br />5.19. Except in the case of the City's negligence or intentional or willful <br />misconduct, the City, its officers, agents, or employees, shall not be liable for any <br />damage to or loss of any of Lumos' telecommunications services or telecommunications <br />facilities within the public ways or any other areas of the City as a result of or in <br />connection with any public works, public improvements, construction, excavation, <br />grading, filling, or work or activity or lack of any activity of any kind by or on behalf <br />of the City. <br />5.20. Lumos shall cooperate with the City in coordinating its construction <br />activities as follows: <br />(a) Lumos shall provide the City with a schedule of its proposed <br />construction activities prior to commencing any expansion of its <br />telecommunications facilities in the public streets or public rights -of -way; <br />(b) Upon request, Lumos shall meet with the City and other users of the <br />public ways to coordinate construction in the public ways; and <br />(c) All construction locations, activities and schedules shall be coordinated, as <br />directed by the City Engineer, to minimize public inconvenience, disruption or <br />damages. Lumos shall submit a written construction schedule to the City <br />Engineer at least ten (10) days before commencing any work in or about the <br />public streets or public rights -of -way. Lumos shall comply with the <br />provisions of the Virginia Underground Utility Damage Prevention Act, <br />Virginia Code Section 56- 265.14, et. seq. <br />Section 6. Mapping. (a) Lumos shall maintain an accurate map of its <br />telecommunications facilities located in the public streets or public rights -of -ways. <br />Lumos shall provide the City with "as built" drawings and an accurate map or maps <br />showing the location of such facilities, including pole lines and conduit lines and any <br />-13- <br />
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