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With respect to poles and trenches which are facilities and which are (1) wholly owned by a franchisee, and (2) within the franchise area, the city, subject to franchisee’s prior written consent, may install and maintain city-owned overhead facilities upon such poles, and conduits in open trenches, for police, fire, illumination, and other noncommercial communications purposes, subject to the following:

A. Such installation and maintenance shall be completed at the city’s expense;

B. The franchisee shall have no obligation under the indemnification provisions of this franchise for the installation or maintenance of such city-owned facilities or conduits;

C. Nothing herein shall require the franchisee to bear any cost or expense in connection with such installation and maintenance of city-owned facilities or conduits, nor shall such city installation delay or adversely affect franchisee’s construction schedule;

D. In no case shall the city attach to or come into contact with franchisee’s equipment. (Ord. 6798 § 3 (Exh. C), 2020.)