(A) The poles used for the distribution system of the company shall be those erected and maintained by the Indiana Bell Telephone Company and Indianapolis Power and Light Company. Where the use of poles owned by the Indiana Bell Telephone Company or the Indianapolis Power and Light Company is not practicable or mutually satisfactory and rental agreements cannot be entered into with those companies, the company shall have the right to erect and maintain its own poles, as may be necessary for the proper construction and maintenance of the television distribution system; provided, however, the company shall obtain prior approval from the city as to the necessity for and location of any new poles to be erected. However, nothing in this division shall preclude the company from contracting with the city or other utility now having pole lines in the city to provide and maintain the transmission system of the company, excepting that in any area serviced by underground telephone and power lines, the television lines shall also be placed underground. The franchisee shall pay such part of the cost of improvement or maintenance of streets, alleys, bridges, and public places as shall arise from its use thereof and shall protect and save the city harmless from all damages arising from such use. The franchisee may be required by the city to permit joint use of its property and appurtenances located in the streets, alleys, and public places of the city, by the city and other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor.
(B) The company's transmission and distribution system poles, and the wires and appurtenances thereon shall be located, erected, and maintained so as not to endanger or interfere with the lives of persons, or interfere with new improvements the city may deem proper to make, or to unnecessarily hinder or obstruct the free use of streets, alleys, bridges, or other public property. Removal of poles or rearrangement of its facilities to avoid such interference shall be at the company's expense.
(C) (l) Nothing herein contained shall be construed as affecting the right or privileges previously conferred by the city, by contract or otherwise, to others, not parties to this agreement, to use any poles or space reserved for the city's use on poles belonging to others, covered by this agreement; and the city shall have the right to continue and extend such rights or privileges. The attachment privileges herein granted shall at all times be subject to such contracts and arrangements.
(2) No use under this agreement however extended, of the city's poles or of space reserved for the city's use on poles belonging to others shall create or vest in the company ownership or property rights in the poles, but the company's rights therein shall be and remain a mere license. Nothing contained herein shall be construed to compel the city to maintain any of the poles.
(Ord. 2-1976, passed 8-2-76; Am. Ord. 3-1993, passed 4-19-93)