6-4-6: ERECTION, REMOVAL AND COMMON USE OF POLES:

   A.   No poles or other wire holding structures shall be erected by the grantee without prior approval of the city with regard to location, height, type and other pertinent aspects. However, location of any pole or wire holding structure of the grantee shall not be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the city determines that public convenience would be enhanced thereby.

   B.   Where poles or other wire holding structures of any public utility company are available for use by the grantee, the city may require the grantee to use such poles and structures if the permission and consent of such public utility company may be obtained by the grantee and if the terms of the use available to the grantee are just and reasonable.

   C.   Where a public utility serving the city desires to make use of the poles or other wire holding structures of the grantee, but agreement therefor with the grantee cannot be reached, the city may require the grantee to permit such use for such consideration and upon such terms as the council shall determine to be just and reasonable, if the use will enhance the public convenience and if it would not unduly interfere with the grantee's operation.

   D.   Where city owned utility poles are available for use of the grantee, the grantee shall pay the city the same pole rental per annum as paid by the grantee for the use of poles owned by public utilities. (Ord. 676, 9-25-2012)