(A) In consideration of the grant of authority to utilize the streets and public places of the city for the provision of telecommunication services and in accordance with applicable laws and ordinances, a franchisee shall pay such franchise fees, business license taxes and administrative fees as may be enacted and imposed by the city.
(B) The privilege granted to the franchisee by this chapter does not exempt or excuse the franchisee from the police power and all other municipal authority and laws including but not limited to those relating to zoning, permitting, traffic control, construction, excavation and planning.
(C) Any utility or franchisee owning utility poles and operating within the city shall, as a condition of using the
city’s rights-of-way, provide nondiscriminatory access under standard arrangements and applicable safety codes to those poles by other utilities and franchisees lawfully permitted to operate within city limits.
(D) Any utility or franchisee requesting to use another’s pole must provide evidence of $1,000,000 liability insurance, adequate aerial equipment and properly-trained maintenance personnel capable of responding to any emergency service request within a one-hour period, 24 hours a day, seven days a week.
(E) Requests for usage shall be filed in writing with the owner of the pole along with certification of insurance and adequate maintenance capability. A copy of which shall be sent to the city or its designee. The owner of the pole shall respond to the request within 30 calendar days.
(Ord. 40-2006, passed 10-17-2006)