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(A) Except for traffic control facilities and facilities in place as of the effective date of this chapter, facilities that are the subject of other agreements between the city and a permittee, or as otherwise provided by law, the city shall not install or maintain upon any poles and within any underground pipes or conduits or other facilities of any general right-of-way occupancy permittee, any facilities desired by the city for the city’s use without the consent of such permittee unless:
(1) Such installation and maintenance is lawful and consistent with good engineering and construction practice and all appropriate safety codes;
(2) Such installation and maintenance does not unreasonably and materially interfere with existing and future operations of the permittee;
(3) Such installation and maintenance is not unduly burdensome to such permittee;
(4) The city enters into an agreement with the permittee which specifies other appropriate and reasonable terms and conditions, including compensation based upon the city’s proportionate cost of the right-of-way, and including compensation governing the use of permittee’s facilities; and
(5) The city’s use is non-discriminatory.
(B) Each permittee shall cooperate with the city in the development of a facility use agreement for such city facilities. Each permittee shall cooperate with the city in planning and designing its facilities so as to accommodate the city’s reasonably disclosed requirements in this regard. Copies of all agreements hereunder shall be filed with the Municipal Administrator, or designee.
(Ord. 8710, passed 9-17-2018)