(a) The City may request the right to install and maintain, for a reasonable fee, or any pole attachment fee as determined by federal and state rules as they now exist or may hereafter be amended, upon any pole, upon any poles and within any underground pipes and conduits or like facilities of any General Service Permittee or Special Permittee, City facilities solely for governmental use by the City, provided:
(1) Such installation and maintenance does not unreasonably and materially interfere with existing and future operations of the Permittee,
(2) Such installation and maintenance is not unduly burdensome to such Permittee.
(b) 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 Permitee'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 Director.
(1) Neither the City Facilities nor the capacity of bandwidth thereon shall be leased, licensed or otherwise made available to third parties.
(2) The City's right to use and occupy 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.
(3) The City's use and occupancy of a Permittee's conduit shall be limited to the right to occupy a single inner duct in any given conduit and a single attachment to any given pole.
(4) The City shall pay the Permittee the reasonable cost to make the poles or conduit ready for the City's use and occupancy.
(5) Any and all such City installations and maintenance must be lawful and consistent with good engineering and construction practices and all appropriate safety codes.
(6) 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. 02-70(a). Passed 11-25-02.)