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<br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />1 <br /> <br />TUESDAY <br /> <br />JANUARY 25, 1983 <br /> <br />TITLE II <br /> <br />SECTION 201. City Use of Company Poles. The City shall have the right, <br />without charge therefor, to place its wires and other attachments on the <br />poles of the Company, provided said attachments are installed and maintained <br />at all times in accordance with good and prudent electrical utility practice, <br />the provisions of the National Electrical Safety Code, and any rulings of <br />state, local and other governmental authorities having jurisdiction; provided <br />further that the City's use of the poles shall not interfere with any use <br />which the Company may desire to make of them; and, provided further that the <br />City shall indemnify and hold the Company harmless from any and all liability <br />arising in any way from its negligence. <br /> <br />SECTION 202. A. Conditions on Street Usage. The Company's lines and <br />appurtenances shall be constructed so as to interfere as little as possible <br />with the traveling public in its use of the streets, thoroughfares, alleys, <br />bridges and public places. The location of all poles and conduits shall be <br />made under the supervision of the City's Electric Department. <br /> <br />B. Erection and Restoration. Whenever the Company shall begin the <br />erection of any lines or equipment it shall promptly and diligently prosecute <br />the work to completion and shall leave the streets, thoroughfares, alleys, <br />bridges and public places where such work is done in as good condition or <br />repair as before such work was commenced. <br /> <br />C. Relocation of Overhead and Undergro~nd Facilities. <br /> <br />(1) Overhead Facilities. Whenever in the reasonable opinion <br />of the City's Electric Department, it becomes necessary to remove or relocate <br />any pole, the Company shall do so at its own expense, except as set forth in <br />subparagraph (2) below. <br />(2) Underground Facilities. (a) Whenever the City, for any <br />reason, requires the Company to place any facilities underground, the City <br />shall reimburse the Company the amount by which the cost of locating such <br />facilities underground exceeds the cost of locating such facilities overhead. <br />(b) Whenever the City, for any reason, requires the <br />Company to relocate any underground facilities, the City shall reimburse the <br />Company the full cost thereof. <br /> <br />D. Liability of Company. The Company shall indemnify and hold <br />the City harmless from any and all liability arising in any way from its <br />negligence in the erection, maintenance or operation of its lines for the <br />transmission or distribution of electric energy. <br /> <br />TITLE III <br /> <br />SECTION 301. Successors or Assigns. Whenever, in this Franchise <br />Ordinance, either the City or the Company is referred to, it shall be deemed <br />to include the respective successors or assigns of either, and all rights, <br />privileges and obligations herein contained by or on behalf of the City or <br />Company shall bind and inure to the benefit of their respective successors. <br />