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§ 13-4-3-2 USE OF SYSTEM BY CITY.
   (A)   The city shall have the privilege, during the life of this franchise, free of charge, where aerial construction exists, of maintaining upon the poles of the company within the city limits wire and pole fixtures necessary for a police and fire alarm system, such wires and fixtures to be placed and maintained under the supervision of the company. The city in its use and maintenance of such wires and fixtures shall at all times comply with the rules and regulations of the company, and the provisions of the latest edition of The National Electrical Safety Code, so that there may be minimum danger of contact or conflict between the wires and fixtures of the company and the wires and fixtures of the city.
   (B)   It is further agreed, in order to avoid danger to life and property, that the police or fire alarm wires or other fixtures will not be exposed, without the consent of the company, to the danger of contact with any conductor carrying a voltage greater than the normal telephone voltage. The city shall be solely responsible for all injury to persons or damage to property arising out of the construction or maintenance of said police and fire alarm fixtures, or arising out of the attachment, maintenance or removal of such wires and fixtures to the poles of the company.
   (C)   In cases of rearrangement of the company's plant, or removal of poles or fixtures, the city shall care for or remove its own fixtures, and shall save the company harmless from any damage or injury to persons or property, including property of the city, arising out of the removal or construction of its wires or other fixtures.
   (D)   It is understood and agreed that if and when the city or the company design underground facilities, they will consult with each other as to including each other's facilities in proposed underground installation.
(Ord. 13-1992)