Subject to any applicable state or federal regulation or tariffs, the city shall have the right, during the life of the franchise, to install and maintain upon the poles of the grantee located in the public way, provided that:
   (A)   Such use of any wire or pole fixtures by the city does not unreasonably interfere with a current or future use of the grantee;
   (B)   The city shall indemnify and hold harmless the grantee from any and all claims, demands, costs, or liabilities of every kind and nature that might arise due to or as a result of the city’s use;
   (C)   Such use by the city is restricted to non-commercial municipal purposes;
   (D)   The city does not use the poles for any purpose that is in competition with the grantee’s use; and
   (E)   At the grantee’s sole discretion, the city may be required either to pay a reasonable rental fee or otherwise reasonably compensate the grantee for the use of such poles, provided, however, that the grantee agrees that such compensation or charge shall not exceed those paid by it to public utilities pursuant to the applicable pole attachment agreement, or other authorization, relating to the franchise area.
(Ord. 1846, passed 12-7-98)