12-1-15: CITY USE OF COMPANY POLES:
The city shall be privileged upon thirty (30) days' advance notice to the company, without charge, to make use of the distribution poles of the company that are placed within city right of way for any city alarm, city control, or city communication function, excluding any paid subscriber services (but including any city owned cable or wireline communication system for which use the city shall pay an amount consistent with federal law), to the extent that such use shall not interfere with their use by the company, but the city shall hold the company harmless from any and all causes of action, litigation or damages arising through the placing of the facilities of the city upon the company's poles. If at the sole discretion of the company, it is determined that said attachments may create a clearance violation or other hazardous situation, or that wind or other conditions may place undue stress on specific company facilities, the city shall not be authorized to attach to those facilities. If attachments are in place, upon notification by the company of damage or potential damage, the city shall promptly remove said attachments. (Ord. 07-4294, 11-27-2007)