(A) 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 agreements 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, with the approval of locating such poles by the city.
(B) The company’s transmission and distribution system poles, wires, and appurtenances shall be located, erected, and maintained so as not to endanger or interfere with persons’ lives, or to interfere with new improvements the city may deem proper to make, or hinder unnecessarily or obstruct the free use of alleys, streets, bridges, or other public property. Such installations shall be made to preserve the best possible aesthetic standards in the community.
(C) It is the stated intention of the city that all holders of public licenses and franchises within the corporate limits of the city shall cooperate with the company wherever possible and wherever such usage does not interfere with the normal operation of these poles and pole lines, so that the number of new or additional poles constructed by the company may be minimized.
(D) The company shall extend to the city, free of expense, joint use of any and all poles owned by it for any proper municipal purpose that may be accomplished without interference with the use and enjoyment of the company’s own cables and fixtures. The city shall hold the company harmless from any and all actions, causes of action, or damage caused by the placement of the city’s wires or appurtenances upon the poles of the company.
(E) The company shall have the authority, subject to the jurisdiction of the city, to trim trees over and overhanging all streets, alleys, easements, sidewalks, and other public places within the city in order to prevent the branches of trees from coming into contact with the facilities of the company.
(F) The city reserves the right to require the company to place the conductors underground and to designate the districts in which such work shall be performed, as well as to order the removal or relocation of poles, wires, and other appurtenances erected by the company whenever, in the judgment of the city, such action is in the public interest. The company shall forthwith comply with any and all instructions and directives in such matters and at its own expense.
(Ord. 1799, passed 6-21-71)