The City shall be permitted to make use of company electric
distribution poles in the City at no cost to the City for the placement
of City equipment or facilities necessary to serve a legitimate police,
fire, emergency, public safety or traffic control purpose. The company
may allow the use of electric distribution poles for other purposes
at the company’s sole discretion. The City will notify the company
in advance and in writing of its intent to use company distribution
poles and the nature of such use unless it is impracticable to provide
such advance notice because of emergency circumstances, in which event
the City will provide such notice as soon as practicable. The City
shall be responsible for costs associated with modifications to Company
electric distribution poles to accommodate the City’s use of
such company electric distribution poles and for any electricity used.
No such use of company electric distribution poles shall be required
if it would constitute a safety hazard or would interfere with the
company’s use of company electric distribution facilities. Any
such City use must comply with the National Electric Safety Code and
all other applicable laws, rules and regulations.
The City shall be allowed to use the company’s street
lighting and traffic signal lighting poles in the future for legitimate
police, public safety or traffic control purposes under the terms
and conditions set forth in the company’s PUC tariffs and any
subsequent agreements that may be entered between the parties, but
must obtain prior written approval of the company. No such use shall
be allowed if the company determines in good faith that the City’s
use of specific street lighting or traffic signal lighting poles creates
a safety hazard or interferes with the company’s use of its
utility facilities. The City shall be responsible for paying the company’s
reasonable costs of determining whether the proposed use of street
lighting and traffic signal lighting poles creates a safety hazard
or interferes with company utility facilities.
The City shall not be required to remove its existing signs,
equipment or facilities from street lighting or traffic signal lighting
poles, unless the company determines after consultation with the City
that attachment of specific equipment or facilities on specific poles
creates a safety hazard or interferes with the company’s use
of those poles. If after such determination the City is required to
remove its existing equipment or facilities from those poles, the
company shall allow the City 10 days from the date of written notice,
including by electronic mail, within which to remove its equipment
or facilities. If the City fails to remove the equipment or facilities,
the company may perform the removal at the City’s sole expense.
If requested in writing by the City, the company may allow other
companies who hold franchises, or otherwise have obtained consent
from the City to use the streets, to utilize company electric distribution
poles for the placement of their facilities upon approval by the company
and agreement upon reasonable terms and conditions including payment
of fees established by the company. Use of other company facilities
by third parties shall be in accordance with the company’s tariffs.
No such use shall be permitted if it would constitute a safety hazard
or would interfere with the company’s use of company electric
distribution facilities. The company shall not be required to permit
the use of company distribution facilities for the provision of utility
service except as otherwise required by law.
The company shall offer to grant to the City use of transmission
rights-of-way which it now, or in the future, owns in fee within the
City for the purposes set forth in and pursuant to the provisions
of the Park and Open Space Act of 1984, on terms comparable to those
offered to other municipalities; provided, that the company shall
not be required to make such an offer in any circumstance where such
offer would constitute a safety hazard or interfere with the company’s
use of the transmission right-of-way. City use of transmission rights-of-way
may include use for trails, parks and open space. In order to exercise
this right, the City must make specific written request to the company
for any such use.
Upon written request, the company shall assist the City in developing
an emergency management plan. In the case of any emergency or disaster,
the company shall, upon oral request of the City, make available company
facilities for emergency use during the emergency or the disaster
period. Such use of company facilities shall be of a limited duration
and will only be allowed if the use does not interfere with the company’s
own use of company facilities.