(A) The city, after due consideration in public proceedings in which interested persons were given the opportunity to participate, relying on the company's representations as to the company's legal, technical, character, financial, and other qualifications, and the adequacy and feasibility of the company's construction arrangements, grants to the company a nonexclusive franchise, right, and privilege to construct, erect, operate, and maintain, in, on, along, across, above, over, and under the streets, alleys, public ways, and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the city, poles, wires, cables, and underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the city of a cable television system for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public.
(B) This right includes the right to use the streets, alleys, public ways, and public places and all manner of easements for the purpose herein set forth. To the extent possible, the company shall make attachments to poles already in existence within the city. To the extent that existing poles are insufficient for its purposes, or if the company is unable to negotiate arrangements satisfactory to it for use of existing poles, the company shall have the right to erect and maintain its own poles, as necessary for the construction and maintenance of its distribution system, subject to the approval of the city as to the location of such poles. The company shall obtain approval from the Board of Works concerning the location of any new poles before their installation. The company shall extend to the city, free of expense, joint use of any and all poles owned by the company for any proper municipal purpose insofar as may be accomplished without interference with the use and enjoyment of the company's cable and fixtures. The city shall hold the company harmless from any and all actions, causes of action, or damage caused by the placement of city wires or appurtenances on the poles of the company. The company shall not erect or cause to be erected any poles in any area where underground electric or telephone service is furnished. In such a service areathe company's distribution system shall also be installed underground.
(Ord. 919, passed 8-20-79; Am. Ord. 981, passed 11-17-80)