§ 15-7-3. RESTRICTIONS ON UTILITY INFRASTRUCTURE.

(A)

The right to use utility infrastructure not granted by franchise. The right of a person to apply for or use utility infrastructure is governed by this chapter. The grant of a franchise or right under Article XI ( Franchises and Public Utilities ) of the City Charter or pursuant to state law is not a grant of attachment rights or authorization for the use of utility infrastructure without compliance with this chapter.

(B)

Authority of the Utility. The utility shall operate, maintain, and control the utility infrastructure, other than traffic poles, and administer this chapter. The utility shall adopt non-discriminatory policies, design standards, and regulations to implement, administer, and enforce this chapter. The utility may delegate the operation, maintenance, or control of specific types or units of utility infrastructure to another City department if the director determines it is in the best interests of the City. The rules adopted by the director shall include the form of a uniform, standard infrastructure usage contract that must be executed by a user before the user may be permitted to perform work or place an attachment on utility infrastructure. The director may establish a separate form infrastructure usage contract or addendum for wireless service providers and for the collocation of a network node on a street pole. The provisions of this chapter, and any rules adopted by the director to implement and enforce this chapter, shall be deemed incorporated into all infrastructure usage contracts. Any amendments or additions to this chapter, or to the rules adopted by the director, shall become incorporated into all infrastructure usage contracts immediately and without further action upon the effective date of the ordinance or rule adopting the amendment or addition. The director may, without adopting or amending a rule, issue a statement of policy or procedure that clarifies or provides a non-substantive technical modification to a rule.

(C)

Authority of Department of Transportation. The department of transportation shall administer this chapter with respect to traffic poles. The director shall adopt non-discriminatory policies, design standards, and regulations to implement, administer, and enforce this chapter. The rules adopted by the director shall include the form of a uniform, standard infrastructure usage contract that must be executed by a user before the user may be permitted to collocate a network node on a traffic pole. Any amendments or additions to this chapter, or to the rules adopted by the director, shall become incorporated into all infrastructure usage contracts immediately and without further action upon the effective date of the ordinance or rule adopting the amendment or addition. The director may, without adopting or amending a rule, issue a statement of policy or procedure that clarifies or provides a non-substantive technical modification to a rule.

(D)

The director may adopt other rules or policies for the placement of holiday or special events signage, or temporary equipment associated with special events, on utility infrastructure.

(E)

Priority of usage. The City has priority of use over competing uses of utility infrastructure to ensure, among other things, the electric utility's safe and reliable transmission and distribution of electricity to its customers and safe operation of its municipal functions regarding traffic control and right-of-way management.

(F)

Reservation and restrictions.

(1)

The utility retains the exclusive use of transmission structures and the conduit or conduit bank used for electric utility purposes or terminating in an electric service vault or manhole. The director may permit third party use of reserved utility infrastructure upon the terms and conditions determined by the director.

(2)

This chapter does not authorize a person to use utility's electric transmission and distribution lines, facilities, or electric grid to transport electricity under a wheeling or other arrangement.

(3)

The director may determine that certain classes of utility infrastructure or specific units of utility infrastructure are necessary for utility's exclusive use due to legal, mechanical, structural, safety, environmental, service, or other requirements, and are unavailable for use by another person.

(4)

Some utility infrastructure is located on dedicated electric utility easements, which by their terms, limit the use of the easement to the utility for the transmission and distribution of electricity and do not authorize other uses, including telecommunications service. This chapter does not grant a third party right to use a dedicated easement without the prior consent of the grantor of the easement or its successor. Additional cost or expense to obtain the use of a dedicated easement by a user or applicant shall be borne solely by the user or applicant.

(5)

Utility infrastructure is the property of the City and a payment made by a user does not create a right, title, or interest in utility infrastructure for the use.

(6)

This chapter does not require the utility to replace, upgrade, or alter existing utility infrastructure to create additional capacity for an attachment.

(7)

An aerial attachment of cable to streetlight and traffic poles is prohibited.

(8)

An attachment may not be placed on a moonlight tower.

(9)

A network node may not be collocated on utility infrastructure in a design or historic district unless the applicant has obtained, prior to submitting an application, any necessary consent from the City pursuant to Chapter 14-11 of this code.

(10)

Except as provided by this subsection, no equipment or appurtenances may be placed on a non-wooden streetlight pole in a design or historic district other than specially designed informational or directional signage or temporary holiday or special event attachments. Unless otherwise provided by ordinance or resolution, the director may waive the prohibition in this subsection for not more than eighty percent of the streetlight poles in a design or historic district.

(11)

No attachment is allowed on utility infrastructure in a design or historic district unless the director determines the attachment meets all applicable standards and measures for aesthetics, design, concealment, and camouflage.

(G)

Unauthorized use prohibited. An applicant, user, or other person may not place an attachment on utility infrastructure except as authorized by the director and in accordance with an infrastructure usage contract. If an unauthorized attachment is discovered, the director may remove the unauthorized attachment from utility infrastructure without incurring liability to the owner, and at the owner's sole expense, if the owner of the unauthorized attachment does not:

(1)

remove the unauthorized attachment; or

(2)

apply for approval of the attachment, including payment of applicable charges or penalties.

Source: Ord. No. 20170817-045 , Pt. 4, 8-17-17.