Except for traffic control facilities and facilities in place as of the effective date of this chapter, facilities that are the subject of other agreements between the municipality and a permittee, or as otherwise provided by law, the municipality shall not install or maintain upon any poles and within any underground pipes or conduits or other facilities of any general or limited right-of-way permittee, any facilities desired by the municipality for the municipality's use without the consent of such permittee unless:
(a) Such installation and maintenance is lawful and consistent with good engineering and construction practice and all appropriate safety codes;
(b) Such installation and maintenance does not unreasonably and materially interfere with existing and future operations of the permittee;
(c) Such installation and maintenance is not unduly burdensome to such permittee;
(d) The municipality enters into an agreement with the permittee which specifies other appropriate and reasonable terms and conditions, including compensation governing the use of permittee's facilities; and
(e) The municipality's use is non- discriminatory. Each permittee shall cooperate with the municipality in the development of a facility use agreement for such municipality facilities. Each permittee shall cooperate with the municipality in planning and designing its facilities so as to accommodate the municipality's reasonably disclosed requirements in this regard. Copies of all agreements hereunder shall be filed with the Administrator.
(Ord. 2714, passed 12-17-07)