(A) City uses of poles and overhead structures. The city shall have the right, without cost, to use all poles owned by the provider within the city for fire alarms, police signal systems, or any lawful public use; provided, however, any said uses by the city shall be for activities owned, operated, or used by the city for any public purposes, and shall not include the provision of telecommunications service to third parties.
(B) Limitations on use rights. Nothing in this agreement shall be construed to require the provider to increase pole capacity, alter the manner in which the provider attaches equipment to the poles, or alter the manner in which the provider operates and maintains its equipment. Such city attachments shall be installed and maintained in accordance with the reasonable requirements of the provider and the current National Electrical Safety Code. City attachments shall be attached or installed only after written approval by the provider, which approval will be processed in a timely manner and will not be unreasonably withheld.
(C) Maintenance of city facilities. The city’s use rights shall also be subject to the parties reaching an agreement regarding the city’s maintenance of the city attachments.
(Prior Code, § 13.11.040) (Ord. 13-98, passed 5-20-1998)