902.09 USE OF PERMITTEE FACILITIES BY THE CITY.
   The City shall have the right to install and maintain communications facilities solely for the City's municipal activities, free of charge, upon any poles and within any underground pipes and conduits or other facilities of any Public Utility Permittee, Telecommunication Permittee or Special Permittee, unless:
   (a)   such installation and maintenance unreasonably and materially interferes with existing and future operations of the Permittee, or
   (b)   that such installation and maintenance would be unduly burdensome to such Permittee.
Each Permittee shall cooperate with the City in the planning and design of its facilities so as to accommodate the City's municipal needs. The City's right to use and occupancy of a Permittee's poles or conduit shall be subject to any and all reasonable terms and conditions the Permittee requires of other third party users of its poles and conduit necessary to prevent electromagnetic interference with the Permittee's use of its facilities or necessary to protect human safety. The City shall pay the Permittee the reasonable cost to make the Permittee's poles or conduit ready for the City's use and occupancy. The said reasonable cost shall not exceed the cost which the Permittee charges to similarly situated occupants for similar occupancies. Nothing herein shall be construed to require a Permittee to construct poles or conduit where none exist.