(A) (1) No poles or other wire-holding structures shall be erected by the grantee without prior approval of the designated representative of the City Council; with regard to location, height, type, or other pertinent aspects, such approval shall not be unreasonably withheld.
(2) However, no location of any pole or wire-holding structure of the grantee shall be of a vested interest, and such poles or structures shall be removed or modified by the grantee at its own expense whenever the City Council, or its designated representative, determines that the public convenience would be enhanced thereby.
(B) When poles or other wire-holding structures already existing are used in servicing the city and are available for use by the grantee, and if no such arrangements are made, the City Council may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby, and the terms of the use available to the grantee are just and reasonable.
(C) Where the city or a public utility serving the city desires to make use of poles or other wire- holding structures of the grantee by agreement therefor with the grantee, the City Council may require the grantee to permit such use for such consideration as is just and reasonable, and upon such terms as the City Council determines, would enhance the public convenience without unduly interfering with the grantee’s operation.
(Prior Code, § 15-5-14(2))
Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL §§ 9-35-16 to 9-35-23