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South Dakota

TITLE X

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Chapter 10.17     Erection, Removal and Common Use of Poles

10.1701     Common Use of Poles

No poles or other wire-holding structures shall be erected by the Grantee without prior approval of the City Engineer with regard to locations, height, type or any other pertinent aspect. However, no locations of any pole or wire-holding structure of the Grantee shall be a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the City Council determines that the public convenience would be enhanced thereby.

There is hereby granted to the extent that the City is authorized to so do, the right and authority to the Grantee to lease, rent, or in any other manner obtain the use of towers, poles, lines, cables, and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the City of Scotland, including Bison State Telephone and Northwestern Public Service, to use such towers, poles, lines, cables and other equipment and facilities, subject to all existing and future ordinances and regulations of the City.

It is that stated intention of the City of Scotland that all other holders of public licenses and franchises within the corporate limits of the City shall cooperate with Grantees to allow Grantee’s joint usage of their poles and pole-line facilities whenever normal operation of said poles and pole-lines so that the number of new and additional poles constructed by Grantees within the City may be minimized.

Grantees shall grant to the city, free of expense, joint use of any and all poles owned by them for any proper municipal purpose acceptable to Grantees, insofar as it may be done without interfering with the free use and enjoyment of Grantees’ own wires and fixtures, and the City shall hold Grantees harmless from any and all claims, actions, causes of action, or damages caused by the placing of the City’s wires or appurtenances upon the poles of Grantees. Proper regard shall be given to all existing safety rules covering construction and maintenance in effect at the time of construction. If, in accommodating the City’s joint use of their poles are required to change or replace poles or install new poles, the City shall compensate Grantees for such additional expense.