(a) The Municipality shall have the right to install and maintain, free of charge, upon any poles and within any underground pipes and conduits or like facilities of any telecommunication and utility or special permittee, communications facilities (“Municipal Facilities”) solely for governmental use desired by the Municipality unless:
(1) Such installation and maintenance unreasonably and materially interferes with existing and future operations of the permittee, or
(2) Such installation and maintenance would be unduly burdensome to such permittee.
(b) Each permittee and franchisee shall cooperate with the Municipality in the planning and design of its facilities so as to accommodate the Municipality’s reasonable disclosed governmental requirements. Neither the Municipal facilities nor the capacity of bandwidth thereon shall be leased, licensed or otherwise made available to third parties. The Municipality’s use and occupancy or a permittee’s conduit shall be limited to the right to occupy a single inner duct in any given conduit and a single attachment to any given pole. The Municipality’s right to use and occupancy of a permittee’s poles or conduit shall be subject to any and all reasonable terms and conditions the permittee requires of other third party uses of its poles and conduit.
(c) The Municipality shall pay the permittee the reasonable cost to make the poles or conduit ready for the Municipality’s use and occupancy. Nothing herein shall be construed to require a permittee to construct poles or conduits where none exist or to rearrange, modify or alter its facilities on a pole or conduit in order to provide space for Municipal facilities where space is not otherwise available.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)