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<br />.......- <br />-- <br /> <br />Section 5. Use of Poles, Towers and Conduits <br /> <br />Subsection a. <br /> <br />For the purpose of constructing, installing, operating and maintaining the <br /> <br />wires, cables, appliances, fixtures and appurtenances necessary to the community antenna <br /> <br />elevision system, the grantee shall be required, wherever reasonably possible to do so, <br /> <br />to use the poles, towers or conduits of others. Others are defined as those public utilities, <br /> <br />such as the municipal electric utility, private electric utility and telephone utility, which <br /> <br />have municipal authority or franchise grant to construct, install and maintain poles, towers <br /> <br />or conduits within the city. <br /> <br />To the purpose of this section, the grantee shall obtain from each of the <br /> <br />utilities having franchise within the city, where reasonably possible, an agreement whereby <br /> <br />the grantee may use the poles, towers or conduits of the utility for the purposes of the <br /> <br />grantee. The terms and conditions of such agreements shall be a matter of determination <br /> <br />oetween the grantee and the utility, except that in no wise shall an agreement entitle the <br /> <br />grantee beyond the terms and conditions of this franchise, nor shall it entitle a utility <br /> <br />beyond the terms and conditions of its franchise from the city, nor shall it entitle the utility <br /> <br />to favor the grantee beyond the terms and conditions of this franchise. <br /> <br />The grantee shall file with the city manager an executed copy of each of the <br /> <br />agreements entered into between the grantee and a utility, afore defined. Any amendment <br /> <br />or revision to an agreement shall be similarly filed. In event of expiration or cancellation <br /> <br />of any agreement, the grantee shall, within sixty days after the date of such expiration or <br /> <br />cancellation, obtain and enter into a new agreement with the particular utility. In event <br /> <br />any utility shall discontinue its utility operations by franchise forfeiture, termination or <br /> <br />otherwise and shall not continue operation, then the grantee, hereunder, shall within sixty <br /> <br />days after franchise grant to any new utility obtain an agreement, as prescribed in this <br /> <br />section, from the new utility. <br /> <br />As cited herein, it is intended that such agreement shall be with each utility <br /> <br />as defined above to the exclusion of none. \A/here the grantee desires to extend its cables <br /> <br />or lines and poles or conduits of one or more utilities are not available, the grantee shall <br /> <br />call upon a utility for such pole or conduit construction. The purpose of the requirement <br /> <br />- 4 - <br />