§ 71-105. Erection of poles.

(a)

No cable communications franchise shall be deemed to expressly or impliedly authorize the grantee to construct or install poles or wire-holding structures within a street for the purpose of placing cables, wires, lines or otherwise, without the written consent of the city for the street within which the poles or structures are situated which consent shall not be unreasonably withheld. Such consent shall be given upon such terms and conditions as the city, in its sole discretion, may prescribe, which shall include a requirement that a grantee perform, at the grantee's sole expense, all tree trimming required to maintain grantee's facilities clear of obstructions. The lowest wire on any pole placed in any right-of-way used by vehicular traffic shall not be less than 18 feet from the ground. All overhead wires shall be maintained in accordance with the National Electric Code, the National Electric Safety Code, and the safety rules for the installation and maintenance of electrical supply and communication lines established by the Department of Commerce, Bureau of Standards of the United States.

(b)

With respect to any poles or wire-holding structures which a grantee is authorized to construct and install within streets, a public utility or public utility district serving the city may, if denied the privilege of utilizing such poles or wireholding structures by the grantee, apply for such permission to the city commission. If the city commission finds that such use would enhance the public convenience and would not unduly interfere with the grantee's operations, the city commission may authorize such use subject to such reasonable terms and conditions as the city commission 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, together with a reasonable return thereon, consistent with applicable governmental regulations.

(c)

No location of any pole of a grantee shall be a vested right and such poles may be removed, relocated or modified by the grantee, at its own expense, whenever the city determines the public convenience would be enhanced thereby. Grantees shall utilize existing poles and conduits where possible and available on reasonable terms and conditions. The city shall have the right, during the life of a franchise, to install and maintain free of charge upon the poles owned by a grantee, any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the grantee.

(Ord. No. 02-03, Art. IV(5), 2-28-02)