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§9.1
City Use Of Company Facilities.
The City shall be permitted to make use of Company Facilities 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
City will notify the Company in writing in advance of its intent to use Company facilities
and the nature of such use. The City shall be responsible for costs associated with
modifications to Company Facilities to accommodate the City's use of such Company
Facilities and for any electricity used. No such use of Company Facilities shall be
required if it would constitute a safety hazard or would interfere with the Company's
use of Company Facilities. Any such City use must comply with the National Electric
Safety Code and all other applicable laws, rules and regulations.
§9.2
Third Party Use of Company Facilities.
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 Facilities 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. The Company shall not unreasonably withhold such
permission. No such use shall be permitted if it would constitute a safety hazard
or would interfere with the Company's use of Company Facilities. The Company shall
not be required to permit the use of Company Facilities for the provision of utility
service by the City or by third parties.
§9.3
City Use of Company Transmission Rights-Of-Way.
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 parks and open space; provided,
however, that the Company shall not be required to make such an offer in any circumstance
where such offer would constitute a safety hazard or would interfere with the Company's
use of the transmission right-of-way.
§9.4
Emergencies.
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
verbal 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.
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