Subject to any applicable state or federal regulations or tariffs, the franchising authority shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for the grantee in any public way, provided that:
(A) The use by the franchising authority does not interfere with a current or future use by the grantee;
(B) The franchising authority holds the grantee harmless against and from all claims, demands, costs or liabilities of every kind and nature whatsoever arising out of the use of the poles or conduits, including, but not limited to, reasonable attorneys' fees and costs; and
(C) At the grantee's sole discretion, the franchising authority may be required either to pay a reasonable rental fee or otherwise reasonably compensate the grantee for the use of the poles, conduits, or equipment; provided, however, that the grantee agrees that the 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 service area.
(Ord. 617, passed 7-1-1985)