(A) Grantee shall not erect or authorize or permit other on its behalf to erect any poles except when absolutely necessary to service subscribers. Poles may not be erected by the grantee solely because it is more convenient, economical and/or profitable for grantee to so operate. No poles or other wire-holding structures shall be erected by the grantee without prior approval of the government with regard to need, location, height, type, and other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the government determines that the public health, welfare and/or safety would be enhanced thereby.
(B) Where poles or other wire-holding structures already existing for use in serving the Government are available for use by the grantee, but it does not make arrangements for such use, the government may require the grantee to use such poles and structures if it determines that the public health, welfare and/or safety would be enhanced thereby.
(C) Where the government or a public utility serving the government desires to make use of the poles or other wire-holding structures of the grantee, but the agreement thereof with the grantee cannot be reached, the City Council may require the grantee to permit such use for consideration consistent with applicable law, if the City Council determines that the use would enhance the public health, welfare and/or safety.
(D) As further consideration for the granting of this franchise, the grantee shall permit the government, to utilize grantee pole space and conduit duct and/or raceway space when such space is vacant and/or available at the time of the request for space by the government; provided however, that the facilities of the government shall not interfere with the grantee's technical operations and/or performance. This space may be used for police and fire alarm systems, traffic control and traffic signal interconnection systems, and municipal data processing interconnection systems and for other municipal purposes at no charge.
(Ord. 1999-13, passed 11-8-99)