The City shall have the right to install and maintain, free of charge, upon any poles and within any underground pipes and conduits or like facilities of any utility service, public service, telecommunications service, general service permittee or special permittee, City facilities solely for governmental use by the City unless: (1) such installation and maintenance unreasonably and materially interfere with existing and future operations of the permittee, or (2) such installation and maintenance are unduly burdensome to such permittee.
The City's requested use of said facilities must be non-discriminatory, and the City shall enter into an agreement with the permittee which specifies other appropriate and reasonable terms and conditions for use of the permittee's facilities by the City. Each permittee shall cooperate with the City in the development of a facility use agreement for City use of such facilities. Each permittee shall cooperate with the City in planning and designing its facilities so as to accommodate the City's reasonably disclosed requirements in this regard. Copies of any such agreements hereunder shall be filed with the City Manager.
(a) Neither the City facilities nor the capacity of bandwidth thereon shall be leased, licensed or otherwise made available to third parties.
(b) The City's right to use and occupy a permittee's poles or conduits shall be subject to any and all reasonable terms and conditions the permittee requires of other third party users of its poles and conduits.
(c) The City's use and occupancy of a permittee's conduits shall be limited to the right to occupy a single inner duct in any given conduit and a single attachment to any given pole.
(d) The City shall pay the permittee the reasonable cost to make the poles or conduits ready for the City's use and occupancy.
(e) Any and all such City installations and maintenance must be lawful and consistent with good engineering and construction practices and all appropriate safety codes.
(f) Nothing herein shall be construed to require a permittee to construct poles or conduits where none exist or to rearrange, modify or alter its facilities on a pole or conduit in order to provide space for any such City facilities where space is not otherwise available.
(Ord. 99-64. Passed 9-7-99.)