939.01 AGREEMENTS.

   All pole attachments, attachments, and use of right of way, streets, alleys, easements, or agreements [ other than small cell facilities as defined in Ohio R.C. Section 4939.031 and Title 49 USC sections 253 and 332(c)(7) and rules adopted pursuant thereto], entered into shall be consistent with the safe, reliable, economic, and efficient use of said facilities and right of ways, streets, alleys, easements, poles, or pole attachments. Those agreements may be executed by the parties, if an agreement can be reached, or shall be imposed by this chapter in the event that a party does not execute the required agreement on the anniversary date of the agreement or no later than ninety days after the passage of this chapter whichever comes sooner. The agreements shall be consistent with the requirements of Ohio R.C. Chapter 4939. Notice shall be given that prior agreements are terminated prior to any renewal or anniversary date of the agreements after the passage of this chapter and no later than ninety days after the passage of this chapter. In the event, there is no agreement, or an agreement is imposed, due to the failure to reach an agreement or supplemental agreement, the provisions of this chapter shall control, unless otherwise provided in Chapter 4939 of the Ohio R.C. Absent an agreement to the contrary, agreements shall renew on July 1 of each year. If a party attaches to a City pole or facility, prior to July 1 of the calendar year, the costs from the date of attachment to July 1 shall be prorated until July 1. (Ord. 5-2020. Passed 2-17-20.)