1. Consent to Erection of Poles. No franchise shall be deemed to expressly or implicitly authorize the grantee to construct or install poles or wire-holding structures within streets for the purpose of placing cables, wires, lines, or otherwise without the written consent of the City. Such consent shall be given upon such terms and conditions as the City Engineer may prescribe, which shall include a requirement that the grantee perform, at its sole expense, all tree trimmings required to maintain the poles clear of obstructions.
2. The grantee may lease, rent, or in any other manner by mutual agreement obtain the use of towers, poles, lines, cables, and other equipment and facilities from utility companies operating within the City, and use towers, poles, lines, cables, and other equipment and facilities for the system. When and where practicable, the poles used by the grantee’s distribution system shall be those erected and maintained by such utility companies operating within the City, provided mutually satisfactory rental agreements can be reached. It is the City’s desire that all holders of public franchises in the City cooperate with the grantee and allow the grantee the use of their poles and pole line facilities whenever possible so that the number of new or additional poles installed in the City may be minimized.
3. Access to Poles. With respect to any poles or wire holding structures which a grantee is authorized to construct and install within streets, a public utility serving the City may, if denied the privilege of utilizing such poles or wire-holding structures by the grantee, apply for such permission to the Public Works Director. If the Public Works Director finds that such use would enhance the public convenience and would not unduly interfere with the grantee’s operations, the Public Works Director may authorize such use subject to such terms and conditions as the Public Works Director deems appropriate. Such authorization shall include the condition that the public utility pay to the grantee any and all actual and necessary costs incurred by the grantee in permitting such use. Nothing herein shall be construed as a right for the grantee to utilize public utility property.