In addition to the considerations set forth in Section 11, the Company shall furnish,
free of charge, subject to the use of the City, such pole and/or duct space as may
be required from time to time for the installation of the City-owned traffic, police
and fire alarm system conductors; provided such conductor space does not exceed the
available capacity on any one existing pole or in one existing interior duct. The
Company shall allow for the expanded use of existing energized conductors by the City
for the purposes of providing traffic signal communication interconnectivity with
prior written approval from the Company. The specific location for these traffic,
police and fire alarm conductors on the Company poles or ducts shall be determined
by the Company and shall be allotted at the time specific applications for space are
received from the City. All City traffic, police and fire alarm circuits on the Company
poles and ducts shall be designed and installed, operated and maintained in compliance
with the applicable provisions of the NESC and other laws, statutes, codes and ordinances
applicable to private parties and so as to create no interference, corrosion, harm,
damage or hazard with, to or from the Company's System or the Company's business.
All plans for such city traffic, police and fire alarm circuits must be submitted
for the Company's written approval prior to installation. Any modifications to the
Company's System necessary to accommodate such installation shall be paid by the City.
If, after installation, the City's equipment is found to interfere with the Company's
System or business, the Company and the City shall work together to address the problem
and, if deemed practical by the Company, preserve the City's access. Where main underground
duct lines are located between manholes, the Company shall permit free of charge the
installation in one interior duct by the City of its traffic, police or fire alarm
signal cables; provided space is available in an interior duct not suitable for power
circuits without interference with the Company's system neutral conductors. All cables
installed by the City in the Company ducts shall be of the non-metallic sheath type
to prevent corrosive or electrolytic action between the City- and the Company-owned
cables. A request for duct assignment shall in each instance be submitted to the Company
and a sketch showing duct allocation shall be received from the Company prior to the
installation of the City cables in Company-owned duct lines. All City-owned conductors
and cables, whether on poles or in duct lines, shall be constructed, maintained and
operated in such manner as to not interfere with or create a hazard in the operation
of the Company's System or the Company's business. If, after installation, the City's
equipment is found to interfere with the Company's System or business, the Company
and the City shall work together to address the problem and, if deemed practical by
the Company, preserve the City's access.
In addition to the consideration set forth in Section 11, the Company shall permit
the City to use, free of charge, extra space on its street light poles to install
City-owned traffic control signs and decorative banners, with prior written approval
from the Company and provided that such use is consistent with the NESC and OTHER
applicable engineering and operational codes and standards.
Notwithstanding any other provision in this Franchise, it is further agreed that the
Company shall not be responsible to any party or parties whatsoever for any claims,
demands, losses, suits, judgments for damages or injuries to Persons or property by
reason of the construction, maintenance, inspection or use of the traffic signal light
systems, police and fire alarm systems, traffic control signs, or decorative banners
belonging to the City and constructed upon the Company's poles or street light poles
or in its ducts, and the City shall indemnify and hold the Company harmless against
all such claims, losses, demands, suits and judgments, to the extent permitted by
the Texas Tort Claims Act, but the City does not, by this agreement, admit primary
liability to any third party by reason of the City's operation and use of such traffic
signal light systems, police and fire alarm systems, traffic control signs, or decorative
banners, such being a function of government.
