§ 3. Poles and Appurtenances.

To the extent possible, company shall make attachments to poles already in existence within the city. To the extent that existing poles are insufficient for its purposes, or if company is unable to negotiate agreements satisfactory to it for use of existing poles, company shall have the right, subject to approval by the city and as further restricted herein, to erect and maintain its own poles or underground system as necessary for the construction and maintenance of its distribution system with the approval of locating such poles by the city.

(A)

The company's transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives or persons or to interfere with new improvements the city may deem proper to make, or hinder unnecessarily or obstruct the free use of alleys, streets, bridges or other public property. Such installations shall be made as to preserve the best possible esthetic standards in the community.

(B)

It is the stated intention of city that all holders of public licenses and franchises within the corporate limits of city shall cooperate with company wherever possible and wherever such usage does not interfere with the normal operation of said poles and pole lines, so that the number of new or additional poles constructed by company may be minimized.

(C)

Company shall extend to city, free of expense, joint use of any and all poles owned by it for any proper municipal purpose insofar as may be accomplished without interference with the use and enjoyment of company's own cables and fixtures. City shall hold company harmless from any and all actions, choices of action or damage caused by the placement of city's wires and appurtenances upon the poles of the company.

(D)

Company shall have the authority, subject to jurisdiction of the city, to trim trees over and overhanging all streets, alleys, easements, sidewalks and other public places within city so as to prevent the branches of such trees from coming into contact with the facilities of company.

(E)

The company shall, in those areas where other utility service is overhead, place its conductors and other equipment overhead and the company shall, in those areas where other utility service is underground, place its conductors and other equipment underground, unless the city orders the company to the contrary. The city reserves the right to require the company to place its conductors and other equipment underground or overhead and to designate the districts in which such underground or overhead service shall be located, and also to order the removal or relocation of the poles, wires and other appurtenances erected by company whenever, in the judgment of the city, such action is in the public interest, and the company shall forthwith comply with any and all instructions and directives in such matters and at its own expense.