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.