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17.01.108. Erection of poles

            (1)        The Franchise shall not be deemed to expressly or impliedly authorize the Grantee to construct or install poles or wire-holding structures within streets for the purpose of placing cables, wires, lines, or otherwise, without the written consent of the City.  Such consent shall not unreasonably be withheld and shall include a requirement that the Grantee perform, at its sole expense, all tree trimming required to maintain the poles, cable, and wires clear of obstructions.

            (2)        With respect to any poles or wire-holding structures which 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 pole or wire-holding structures by the Grantee, apply for such permission to the City Council.  If the City Council finds that such use would enhance the public convenience and would not unduly interfere with the Grantee's present and future operations, the City Council may authorize such use subject to such terms and conditions as may reasonably be agreed between the parties.  Such authorization shall include the condition that the public utility or public utility district pay to the Grantee any and all actual and necessary costs incurred by the Grantee in permitting such use and shall pay an annual fee per attachment which is equal to that which the Grantee pays to the public electric service utility in the service area for such use and shall indemnify the Grantee from and against any claims or causes of action brought about due to such use.

            (3)        Construction, installation, and maintenance of the system shall be performed in an orderly and workmanlike manner.  All such work shall be performed in substantial accordance with applicable FCC or other federal, state, and local regulations and the National Electric Safety Code.  The system shall not unreasonably danger or interfere with the safety of persons or property in the service area.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999

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