(a) No poles or other wire-holding structures shall be erected by the franchisee without prior approval of the City Council with regard to the location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the franchisee shall be a vested interest and such poles and structures shall be removed or modified by the franchisee at its own expense whenever the City Council determines that the public convenience would be enhanced.
(b) Where poles or other wire-holding structures are already in existence for use in serving the City and are available for use by the franchisee but it does not make arrangements for use, the City Council may require the franchisee 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 franchisee are just and reasonable.
(c) Where the City or a public utility serving the City desires to make use of the poles or other wire-holding structures of the franchisee (but a franchisee’s wires shall not be construed to be “wire-holding structures”), but agreement therefor with the franchisee cannot be reached, the City Council may require the franchisee to permit such use for such consideration and upon such terms as the City Council shall determine to be just and reasonable, if the City Council determines that the use would enhance the public convenience and would not unduly interfere with the franchisee’s operations.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)