(A) The company, upon request of the city, and without cost to it, shall permit its poles, conduits and other distribution facilities, so far as may be done without interfering with the free use of its own wires and fixtures, to be used for the purpose of maintaining thereon any control wires and other attachments which may be necessary for use by the city. The city shall defend, indemnify, and hold the company harmless from any and all causes of action for injury, litigation or damages which may arise out of or by reason of the placing or maintenance of such control wires and other attachments by the city upon facilities of the company, provided such causes of action did not arise out of the negligence of the company. Such control wires and other attachments shall meet all applicable codes, rules and regulations that may be in effect.
(B) Specifically, all installations of said wires and attachments shall be conditioned upon compliance with the safety rules of the company, as well as the requirements of the National Electric Safety Code (NESC) or other safety requirements as adopted by the Iowa Utilities Board under 199 IAC Chapter 25. If the company has a need for space utilized by the city, including conduits, the city will, within a reasonable period of time, remove said control wires and attachments or will, at its own cost, provide the company with a reasonable alternative location that similarly allows expansion of the electrical distribution system serving the electric customers, without disrupting company operations.
(Ord. 2362, passed 8-19-2019)