Application of section.
This section shall apply to all persons installing conduits under any ordinance or
resolution of the council. However, this section shall not apply to any person having
a specific contract or agreement with the city with reference to the manner in which
conduits or subways maintained by that person within the city may be used by any other
person, if the provisions of the contract or agreement are different from or contradictory
to this section.
(b)
Restrictions upon installation.
All grants or permissions given by the council by ordinance or resolution to any person
to install multi-duct conduits of any kind in or upon the streets and public places
of the city, for the purpose of having wires or other appliances, such as cables and
the like, placed or strung therein to convey electric current, gas or steam to supply
electric light, electric power or heat or for the use of telephones, telegraphs or
television shall be subject to the right of the council to grant similar privileges
and permits to other persons to use the same conduits for similar purposes, provided
such additional use is practicable and capacity is available as determined in the
discretion of the owner which shall not be unreasonably withheld. Persons using such
conduits shall pay a reasonable value, as determined by agreement, to the owner. Such
value shall be determined by agreement or condemnation subsequent to the grants or
permits made by the council to the second applicant. All grants, permits and privileges
made by the council for any of the purposes named in this section shall be subject
to all the conditions of this section, and the applicant therefore binds the applicant
thereto by accepting any of the grants or privileges.
