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DPS \56925 \478939.02 <br />DRAFT CITY OF LOUISVILLE ORDINANCE <br />conferred under this Franchise, including negotiating a change to any provision of this <br />franchise agreement that the PUC may require in order to obtain the certificate. <br />ARTICLE 7 <br />CITY USE OF COMPANY FACILITIES <br />§7.1 City Use of Distribution Poles. The City shall have the right to attach, without paying a <br />pole attachment fee or other charge to the Company, City-owned equipment used for <br />police, fire, and traffic control has long as such equipment is not used to produce revenue <br />for any third party), to Company distribution poles within the City in a manner that <br />complies with the National Electric Safety Code, and all other applicable laws, rules and <br />regulations. All other attachments must be pre- screened and approved by the Company, <br />and the Company reserves the right to charge a reasonable fee for such attachments. The <br />City shall be responsible for all maintenance of City facilities on Company poles, and <br />shall be responsible for and shall hold the Company harmless from any liability <br />associated with the City's facilities on the Company's poles. The City's use of the <br />Company's poles shall be in such a manner as not to constitute a safety hazard or to <br />interfere with the Company's use of the poles. Any construction or reconfiguration that, <br />in the sole judgment of the Company, may be required because of the City's attachment of <br />equipment to Company distribution poles shall be paid for by the City; provided, <br />however, that the Company shall advise the City in advance of the need for any such <br />construction or reconfiguration. <br />§7.2 Trenches Available for City Use. If the Company opens a trench to install its Facilities, <br />the Company shall provide reasonable advance notice to the City so as to permit the City <br />to install City Facilities in the same trench at the City's expense. The City's installation <br />of its Facilities shall not interfere with the Company's Facilities or delay the <br />commencement or completion of the Company's construction project. <br />-10- <br />Deleted: public works purposes <br />Deleted: and <br />Deleted: in the manner and to the <br />extent provided under Colorado law <br />Deleted: , including the payment of the <br />Company's reasonable attorney and <br />expert_witness fees, if applicable <br />Deleted: within the Streets <br />