13-1-5: ADDITIONAL CONDITIONS OF STREET OCCUPANCY:
   A.   City Use Of Pole And Conduits In Rights Of Way: Subject to any applicable state or federal regulations or tariffs, the city shall, after giving written notice, have the right, without cost, to make use of any poles or conduits controlled or maintained by or for use of the grantee, that are located in any public way. Such use by the city shall not interfere with current or future use by the grantee.
   B.   Use By Others Of Poles: In cases where access to a grantee's poles are not regulated by the public service commission or by the federal communications commission:
      1.   If another public utility is denied the privilege of utilizing poles or wire holding structures constructed and installed by the grantee within streets; and
      2.   The city finds that such use would enhance the public convenience and would not unduly interfere with the grantee's operations;
city may require the parties to enter into a mutually agreeable joint pole use agreement with respect to the then unused capacity until such time as the poles and wire holding structures are needed by the owner thereof, so as to avoid proliferation of poles and wire holding structures, and may set the terms and conditions for access if the parties cannot agree, in a manner consistent with the manner in which rates are set for poles under 47 USC section 224, or under state law. (Ord. 2009-08, 7-16-2009)