(A) (1) City shall maintain attachment agreements and permits to string wires or attach on the grantee’s poles or run wires in the grantee’s trenches and/or conduit for municipal purposes and to attach traffic signals, fire and police alarm and communication equipment to the grantee’s poles, provided that such wires and equipment:
(a) Do not unreasonably interfere with the grantee’s operations;
(b) Conform to the NESC; and
(c) The city’s excess capacity on such wires and equipment is not leased to, sold to or otherwise used by non-governmental third parties.
(2) The grantee shall not charge the city for such attachments to its poles or in its conduits; however, the city shall be responsible to pay for any make-ready and inspections the grantee must perform in order to provide access to grantee facilities for city wires and equipment in accordance with the NESC. Should any of the city’s attachments to grantee facilities violate the NESC, the city shall work with the grantee to address and correct such violations in an agreed-upon period of time. The city shall indemnify and hold the grantee harmless from loss or damage resulting from the presence of city’s wires and equipment on or in grantee facilities. For purposes of this franchise, “make-ready” shall mean engineering or construction activities necessary to make a pole, conduit, or other support equipment available for a new attachment, attachment modifications, or additional facilities.
(B) Unless precluded by law or contract, the grantee will upon request from the city provide the names of electricity service suppliers (as that term is defined under Oregon law) or other third parties that use the grantee’s electric light and power system to deliver electricity services to customers within the city.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)