§ A291-6. Erection and maintenance of facilities.

A. 

To the extent possible, all franchise facilities shall be attached to existing poles. To the extent that existing poles are insufficient for the operation of a franchise or if the grantee is unable to negotiate agreements reasonably satisfactory to the grantee providing for use of existing poles, the grantee shall have the right to erect and maintain its own poles as necessary for the construction and maintenance of its television distribution system, subject to the prior written approval of the location of such poles by the Borough Engineer; provided, however, that the approval of the Borough Engineer shall not be granted for the installation of such poles when, in his opinion, the installation of such new transmission facilities underground is feasible, or otherwise necessary, considering engineering criteria only. The grantee shall restore the property to its condition immediately prior to repair within 10 working days of completing construction and maintenance.

B. 

The grantee shall have the right, authority, power and privilege to attach any of its system facilities to any existing or future poles, towers or other electrical facilities owned by the Borough in a manner which will not interfere with the use of such poles, towers and other electrical facilities by the Borough, provided that no such attachment shall take place unless 10 days' prior written notice has been given by the grantee to any received by the Borough and the Borough has failed to object to such attachment within that time.

C. 

The grantee shall have the authority, power and privilege to trim trees upon and overhanging streets, alleys, sidewalks and public ways and places in the Borough so as to prevent branches of such trees from being in contact with the wires and cables of the grantee.

D. 

The grantee shall pay to the Borough an annual fee for each pole utilized by the grantee owned by the Borough, which fee shall not be less than $2 per pole. If the grantee shall negotiate a contract with the Philadelphia Electric Company or the Bell Telephone Company of Pennsylvania or other public utility for the use of their poles for a fee per pole per year, then the annual fee payable hereunder shall be the same as the fee payable pursuant to such negotiated contracts, but not less than the amount aforesaid. If such utility fees are different, the annual fee per pole payable to the Borough shall be the higher of the negotiated utility contract fees, but not less than the aforesaid minimum fee.

E. 

All holders of public licenses and franchises within the corporate limits of the Borough shall cooperate with every grantee hereunder to allow usage of existing poles and pole line facilities wherever possible and wherever such usage does not interfere with the normal operation of said pole and pole line so that the number of new or additional poles constructed in the Borough shall be minimized.

F. 

Each grantee shall extend to the Borough, free of any expense, joint use of any and all poles owned by any grantee for any proper municipal purpose insofar as may be accomplished without interference with the use and enjoyment of the grantee's own wires and fixtures. The Borough shall hold each grantee harmless from any and all action, causes of action or damage caused by any action of the Borough in placing wires or appurtenances upon the poles of the grantee.