A licensee shall conform to the following minimum standards relative to the construction, operation and maintenance of a cable TV system in the city. It is not the intent of this article to prevent any licensee from providing more than the required minimum to meet the standards listed below.
   (A)   Rights of individuals, subscribers and users.
      (1)   A cable TV system shall be operated in a manner consistent with the principles of fairness and equal accessibility of facilities, channels, studios and other services to all residents and other entities having a legitimate use of the system. A licensee shall not discriminate in terms of rates, terms of service or extension of service on the basis of age, race, creed, sex, religion, national origin or marital status. Nor shall a licensee fail to extend service to any part of the city on the basis of the income of the residents. This provision shall not restrict licensee’s ability to provide senior citizen, other similar discounts, or seasonal service.
      (2)   A licensee shall maintain a business office open during normal business hours with listed local or toll-free telephone numbers to allow reasonable access by subscribers and members of the public. The office shall be conveniently and centrally located but shall be no further than 15 miles from Meridian Road where such road marks the city’s western boundary. When the office is closed, an answering machine or service, capable of receiving complaints and inquiries must be employed. The office shall be open to the public between the hours of 9:00 a.m. to 5:00 p.m. Mondays through Fridays, and 9:00 a.m. to 12:00 noon on Saturdays, during such hours licensee will provide staff to field all subscriber questions, complaints, billing procedures and exchange of converter boxes.
      (3)   Licensee shall maintain a written record listing date of all complaints, identifying the subscriber or citizen, describing the nature of the complaint and when and what action has been taken by the licensee, if any, in response thereto. Such record shall be kept at the licensee’s office and, subject to subscriber privacy laws, shall be available for inspection during normal business hours without further notice of demand of the city manager. A summary of such records must be retained for not less than one year. The licensee shall notify each subscriber at the time of initial subscription of the procedure for reporting and resolving complaints.
      (4)   A licensee shall establish procedures for the investigation and resolution of all complaints including, but not limited to, those regarding the quality of service and equipment malfunction. A copy of such procedures shall be provided to the city manager and/or council upon request.
      (5)   A licensee must provide each subscriber at the time cable service is installed, the following:
         (a)   Written instructions for placing a service call, filing a complaint or requesting an adjustment, including the phone number and address of licensee’s office;
         (b)   The telephone number of the city office responsible for administration of the cable license;
         (c)   A schedule of rates and charges for all available services;
         (d)   Copies of the service contract, including disconnect and reconnect procedures and charges; and
         (e)   A subscriber handbook and upon request any other written policies applicable to subscribers.
      (6)   A licensee shall establish and conform to the following policy regarding refunds to subscribers and users:
         (a)   If the licensee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the licensee shall provide such service or equipment within 30 days of the collection of the deposit or charge or it shall refund the deposit or charge within 5 days thereafter upon request of the subscriber. The subscriber must be advised of this right of refund at the time the order is placed; and
         (b)   If any subscriber or user terminates any monthly service during a period of time for which the subscriber or user has made an annual or other payment in advance, the appropriate pro rata portion of the payment shall be refunded by the licensee.
      (7)   The following requirements shall apply to disconnections:
         (a)   There shall be no charge for total disconnection of cable service unless the charge was disclosed at the time the subscriber ordered service. All cable communications equipment shall be removed within a reasonable time from a subscriber’s property at the subscriber’s request, such time not to exceed 30 days from the date of the request; and
         (b)   If any subscriber fails to pay a properly due monthly subscriber’s fee or other charge, the licensee may disconnect the subscriber’s service outlet; provided, however, that the disconnection shall not be effected until 30 days after the due date of the charges and shall include a prior written notice to the subscriber of the intent to disconnect. After disconnection, upon payment in full of all proper charges or fees, including the payment of any reconnection charge, the licensee shall promptly reinstate the service. The licensee may require a 60 day prepayment of services as a condition to reconnection.
      (8)   Other than testing of the EAS system, a licensee may interrupt service on the cable TV system only for good cause and for the shortest time possible. No prior notice shall be required for the performance of system maintenance work requiring a maximum of one hour between the hours of 2:00 a.m. and 6:00 a.m.
      (9)   A licensee shall at all times comply with subscriber privacy provisions of 47 U.S.C. § 551.
      (10)   No equipment shall be installed by the licensee for subscriber service without first securing a service request from the owner or resident of any private property involved, except in public utility easements.
      (11)   A licensee shall not originate or knowingly permit subliminal transmission at any time for any purpose whatsoever.
      (12)   A licensee shall make available leased access channels as required under 47 U.S.C. § 532.
      (13)   A licensee shall strictly adhere to the equal employment opportunity requirements of the FCC, 47 U.S.C. § 554, state statutes and local regulations, and as the same may be amended from time to time.
   (B)   Cable system construction timetable.
      (1)   A cable system shall be constructed in accordance with the provision of the license agreement.
      (2)   It is the policy of the council to require construction of a cable system designed to serve subscribers in an area licensed by the council as rapidly and expeditiously as possible. The licensee shall immediately upon granting of the license agreement diligently pursue and obtain all necessary permits from the appropriate governmental agencies, utility companies and others as necessary to comply with the provision of this chapter and other federal, state and city laws, codes and resolutions.
      (3)   The city manager may require a licensee to report on construction progress and provide information showing specifically whether the construction schedule is being met and the reasons for the delay. The city manager shall determine the format to be used for the report and the frequency of reporting.
      (4)   Where appropriate and reasonable, a licensee shall schedule construction activities to coordinate with any city construction on streets so as to avoid unnecessary inconvenience to the public.
   (C)   Line extension policy. A licensee shall extend its cable TV system in accordance with the provisions of its license agreement.
      (1)   Upon reasonable request for service by any person located within any area of the city that meets density requirements of division (C)(2) below, the licensee shall, within 30 days, furnish the requested service to such person, unless prevented from providing the service due to factors outside licensee’s control, such as permit restrictions, private easement considerations and the like. If the service has not been implemented within 60 days of the request, the city manager may impose liquidated damages for each day thereafter.
      (2)   The licensee must extend and make cable service available to every unserved living unit within 4,000 feet of a licensee’s remote terminal or any area of the city reaching the minimum density of at least 25 dwelling units per mile of plant as measured from licensee’s nearest activated feeder line, whether the existing plant is aerial or underground, except that the licensee shall not be required to install cable where another authorized licensee has already done so.
      (3)   The licensee shall prevent unnecessary damage to streets and property by installing underground cable or conduit in all new subdivisions of five or more dwelling units within the license area at the same time, in the same trench as telephone, electric or similar services are installed.
      (4)   In new residential developments in which all the electric power and telephone utilities are underground, the city may, in its sole discretion, require that the following procedure apply with respect to access to and utilization of underground easements:
         (a)   The developer shall be responsible for contacting and surveying all licensees to ascertain which licensees desire (or, pursuant to the terms and provisions of this chapter and any license agreement, may be required) to provide cable service to that development. The developer may establish a reasonable deadline to receive responses from licensees. The final development map shall indicate the licensees which have agreed to serve the development.
         (b)   If one or more licensees wish to provide service within all or part of the development, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two licensees indicate interest, the developer shall provide conduit to accommodate a minimum of two sets of cable television cables and dedicate to the city any initially unoccupied conduit.
         (c)   The developer shall provide at least ten business days notice of the date that utility trenches will be open to the licensees that have agreed to serve the development. When the trenches are open, such licensees shall have two business days to begin the installation of their cables, and five business days after beginning installation to complete installation.
         (d)   The final development map shall not be approved until the developer submits evidence that:
            1.   It has notified each licensee that underground utility trenches are to open as of an estimated date, and that each licensee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and
            2.   It has received a written notification from each licensee that the licensee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and licensee, or has received no reply from a licensee within ten days after its notification to such licensee, in which case the licensee will be deemed to have waived its opportunity to install facilities during the open trench period.
         (e)   Sharing the joint utilities trench shall be subject to compliance with state regulatory agency and utility standards. If the compliance is not possible, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating licensee(s). With the concurrence of the developer, the affected utilities and the licensee’s alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to the requirements of applicable laws.
         (f)   Any licensee wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs and shall repair all property to the condition which existed prior to such trenching.
      (5)   The licensee must extend and make cable service available to any resident requesting connection within the licensee’s authorized license area at the regular installation charge provided that division (C)(2) above is met.
   (D)   Construction and technical standards. The following general requirements, which are not to be interpreted as imposing standards in excess of FCC imposed limits, apply to all licensees.
      (1)   In those areas and portions of the license area where the transmission and distribution facilities of the telephone company and the electric company are underground or later placed underground, the licensee shall likewise install its transmission facilities underground.
      (2)   In areas where facilities do not have to be underground, a licensee shall not erect any new poles along any street or public rights-of-way of the city except as may be reasonably required or necessary to fill small gaps in the existing aerial utility systems and only then with the advance approval of the city manager.
      (3)   All television signals transmitted on a cable TV system must include any closed captioning information for the hearing impaired. Antennas, supporting structures and outside plant used in the system must be designed to comply with the recommendations of the Electronics Industries Association and applicable federal and local regulations on tower structures and outside plant.
      (4)   The licensee must perform at its expense any proof of performance tests designed to demonstrate compliance with the requirements of this chapter, the license agreement and the FCC. The city manager may require periodic proof of performance tests to be performed at the expense of the licensee. Upon request, the licensee must provide the test results promptly to the city manager.
      (5)   The licensee must advise the city manager a minimum of 30 days in advance when a proof of performance test pursuant to 47 C.F.R. 76.605(a)(4) (or subsequently renumbered) is scheduled. The licensee must also advise the city manager of its anticipated schedule for any other FCC required testing a minimum of 30 days in advance of the testing.
      (6)   A licensee must not design, install or operate its facilities in a manner that will interfere with the signals of any FCC licensed service, including but not limited to television, radio, satellite, two-way and paging services, the electrical or telephone system located in any portion of the city, the cable TV system of another licensee, or individual or master antennas used for receiving amateur radio television, radio or other FCC authorized signals.
      (7)   The system shall meet or exceed FCC requirements as set forth in 47 C.F.R. 76(K). If federal law is subsequently amended or minimum technical specifications are no longer mandated by the FCC, the technical specifications in effect at the time of adoption of the license agreement shall govern.
   (E)   Maintenance specifications.
      (1)   The licensee shall construct, install and maintain its cable TV system in an orderly and workmanlike manner. The safety of the general public, the licensee’s employees, the employees of the utility companies and all nearby property owners shall be a primary concern.
      (2)   All cables are to be installed, to the maximum extent possible, parallel with electric and telephone distribution facilities. Licensee’s multiple-cable configurations shall be arranged in parallel and bundled to the maximum extent possible.
      (3)   As between licensee and the city, the licensee shall be solely and completely responsible for the actions taken by any contractor or other agent employed to construct or install the licensee’s facilities within the public rights-of-way as well as on other public or private property.
      (4)   A licensee shall have available at all hours personnel capable of responding to emergency conditions requiring immediate repair to its cable facilities. The licensee shall be a member of the Blue Stake Center, or otherwise comply with state underground law, for its service area.
      (5)   In the event that licensee property or the facilities and equipment of unauthorized cable communication providers has been installed in a public rights-of-way without complying with the requirements of this chapter, or the license has been terminated, revoked or expired, or the use of any licensee property is discontinued for any reason for a continuous period of two months, licensee or any unauthorized cable communication provider, shall at its sole expense on the demand of the city manager remove promptly from the public rights-of-way all licensee or unauthorized cable communication provider property other than that which the city manager may permit to be abandoned in place absent any rights licensee has under state and federal law. Upon such removal of subject property, licensee or unauthorized cable communication provider shall promptly restore the public rights-of-way or other public places from which the subject property was removed to a condition as near as possible to its prior condition. Subject property no longer in service may be left in place with the approval of and in a manner prescribed by the city manager. Upon abandonment of the property in place, licensee or unauthorized cable communication provider shall deliver to the city manager an instrument transferring ownership of the subject abandoned property to the city. Any cost arising from compliance with this provision shall be borne by the licensee or unauthorized cable communication provider.
   (F)   Use of public rights-of-way.
      (1)   A licensee must utilize, with the owner’s permission, existing poles, conduits or such other facilities whenever possible.
      (2)   All transmission lines and other equipment must be installed and located to minimize interference with the rights and reasonable convenience of public and private property owners. The council reserves the right to issue the reasonable rules and regulations concerning the installation and maintenance of cable TV systems in the public rights-of-way, as may be consistent with this chapter, state and federal law. In addition, licensee shall become a member of the Blue Stake Center, or its functional equivalent, within 30 days following the effective date of this agreement.
      (3)   The licensee shall have at all times up-to-date route maps showing trunk and distribution lines. Licensee shall make all such maps available for review by the appropriate city personnel and shall be provided on at least a yearly basis. Licensee shall, in addition to the paper maps, also provide the city with updated maps in a suitable electronic format determined by the city at least every three months if changes to the cable TV system have occurred during the three-month period.
      (4)   All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq., as amended, as well as other applicable laws.
      (5)   A licensee must remove, replace or modify at its own expense, any of its facilities within any public rights-of-way or any federally patented easement when required to do so by the city manager to allow the city to change, maintain, repair, improve or eliminate a public thoroughfare. Nothing in this article shall prevent licensee from seeking and obtaining reimbursement from sources other than the city.
      (6)   In public rights-of-way where electrical and telephone utility wiring are located underground, either at the time of initial construction or subsequently, the cable must also be located underground at the licensee’s expense. Between the public right-of-way and subscriber’s residence, the cable must be located underground if both electrical and telephone utility wiring are located underground. If either electric or telephone are aerial, licensee may install aerial cable except where a property owner requests underground installation at the sole cost of the licensee.
      (7)   A licensee must obtain any required permits before doing any excavation or causing disturbance to public thoroughfares or private property as a result of its construction or operations and must restore to their former condition such private property and public thoroughfares, the latter in a manner consistent with all applicable rules, regulations and resolutions relative to construction, repair or maintenance in public rights-of-way. If such restoration is not satisfactorily performed within a reasonable time in the opinion of the city manager, the city manager may, after prior notice to licensee, cause the repairs to be made at the expense of the licensee. The city manager may inspect ongoing construction and require a licensee to halt construction where the city manager finds the construction to be in non-compliance with the requirements of this chapter, the license agreement or a permit.
      (8)   Prior to commencement of underground construction, a licensee must have complied with the following requirements:
         (a)   Have received a permit from the city for construction on public property or public rights-of-way; and
         (b)   Have complied with Blue Stake requirements in the area of construction;
      (9)   At the request of any person holding a valid building moving permit and upon sufficient notice, the licensee must temporarily raise, lower or cut its wires as necessary to facilitate such move upon not less than 72 hours advance notice. The direct expense of the temporary move must be paid by the permit holder, and the licensee may require payment in advance.
   (G)   System services and capability.
      (1)   The following minimum requirements for facilities and services apply to licenses. The council may require that a licensee exceed these minimum requirements.
         (a)   Except as provided in a negotiated license agreement, a cable TV system must have a minimum analog capacity of 82 video channels available for immediate or potential use. Two-way capability shall be designed into the system. Upon request, this minimum channel capacity may be modified by the council, provided the licensee demonstrates that it would be commercially impracticable to comply with the requirement. A licensee shall have the burden of demonstrating, by clear and convincing evidence, that compliance with the minimum channel capacity would be commercially impracticable for its Apache Junction cable TV system.
         (b)   Standard installation and basic service to public buildings may be required without charge as set forth in the license agreement. Licensee may be required to make available, 1 service outlet to a conveniently accessible point in each city building or other facility or building located within the license area and used for public purposes as may be designated by the city manager. The installation charge to each occupant, if any, would not exceed licensee’s direct cost (time and material).
         (c)   A licensee must design its system to allow the city manager to interrupt audio portions of the cable service in an emergency to deliver information to subscribers.
         (d)   Licensee must provide standby power for the headend so as to be able to operate some channels during a power outage for a minimum of 48 hours or as provided for in the license agreement.
      (2)   The following requirements apply to PEG access channels:
         (a)   PEG channel capacity shall be made available to city and its designated PEG providers without charge within 180 days after Licensee begins offering cable service in the city, licensee will provide the city with up to two public, educational, and governmental access channels (“PEG channels”) as determined in the city’s sole discretion. The two PEG channels shall be on the basic cable service tier of the system and two other channels of non-commercial government programming, at least one of which may be programmed by the federal government in the digital programming tier of the system, as provided for in A.R.S. § 9-506(D)(1). Channels shall be reserved for this capacity with a logo approved by the city. All costs associated with the obligations in this section to commence PEG signals at the point of origination back to the headend and transmitted to subscribers with the same quality, functionality and identification as other channels on the system, shall be borne by licensee. Except as provided in this chapter. Licensee shall have no responsibility for the management, operation or administration of PEG channels and shall have no editorial control pursuant to A.R.S. § 9-506(D)(l).
         (b)   PEG channels located on the basic cable service tier shall be grouped together and located on the system in reasonable proximity to other commercial video channels on the system. Licensee will deliver the PEG channels to subscribers at the same visual and audio quality, same functionality and at the same bit rate as licensee delivers the primary signal of local television network broadcast stations on its cable TV system (“Network TV”), such that the PEG channels are indistinguishable from Network TV in video and audio quality and functionality. Should licensee convert the basic cable service tier to digital format, subscribers must be able to continue to receive PEG channels free of charge except for the standard rate applicable for the basic cable service tier. PEG channels must be receivable by subscribers without special expense, other than the expense required to receive basic cable service or digital service, as applicable. Licensee must maintain PEG channels consistent with FCC technical standards. If no FCC standards for PEG channels exist, licensee must maintain PEG channels using FCC technical standards for local over-the-air television channels. The city recognizes that licensee is unable to improve the technical quality of PEG channels but licensee must not degrade the technical quality once it is received by licensee. Licensee agrees not to encrypt PEG channels any differently than other commercial channels available on the system unless the city and licensee mutually agree in writing to a non-traditional format that is not similar to those of broadcast channels.
         (c)   Upon 180 day advance written notice to licensee, the city shall have the right to require that licensee carry one of the PEG channels in both SD and HD format consistent with the manner and tier placement in which licensee delivers the primary signal of Network TV. City shall have the sole discretion to determine which of its PEG channels migrate to HD without the addition of mandates or content restrictions. HD resolution will be the same resolution used in licensee’s HD tier, such that the PEG HD channels are indistinguishable from Network TV in video and audio quality and functionality. Licensee will continue to carry the city PEG channels in SD format in addition to HD format as long as there are SD channels in licensee’s basic channel lineup.
         (d)   Licensee must permit the city to operate a production studio (the “Studio”) located in city buildings at a site determined by the city. Licensee, at its sole cost, will design build and maintain all PEG upstream feeds, connections and distribution facilities between its video channel aggregation point and the Studio in a manner so that no degradation in signal quality or content as
originated by city shall occur. Licensee must furnish a new state-of-the-art digital fiber optic transmission system consisting of transmitters and receivers. Transmitters and receivers must be of the type consistent and compatible with current industry standards for the application of continuous conversion of broadcast quality audio and video to date for transport over fiber optic cable. Licensee must interconnect at its sole cost the Studio to the headend or other main distribution point of the system for distribution of the programming of the PEG channels with the above-mentioned fiber optic cable to a point designated by the city. At the request of the city, licensee at licensee’s cost shall provide timely and reliable advice regarding acquisition, maintenance and use of any Studio and production equipment that may be obtained for that purpose by the city.
   (H)   System physical design process. Licensee shall provide city with detailed design maps defining the geographical and technical physical design of the system, showing all areas of the city to be served by each hub, as well as the construction and energization schedule by hub area for the upgraded systems. Maps shall be provided at least 60 days prior to the release for construction. The city may review the design and accompanying maps and submit comments to licensee for review within 15 days of the date each map is provided to the city for review. Licensee shall integrate and implement city’s comments into the construction plan.
   (I)   Interconnection. A licensee shall interconnect its cable TV system with other systems located in the city, in nearby cities, or counties upon the request of the council, where the Apache Junction cable TV system and the adjacent system are both owned by the same cable operator, where the cable operator’s share a common controlling parent or affiliate or where economically feasible.
   (J)   Local broadcast channels. Each cable TV system shall carry as part of the basic local channels broadcast in its service area as required and defined in FCC regulations as amended.
   (K)   Technology review and technical amendments.
      (1)   The city and licensee shall meet to discuss changes in cable TV system laws, regulations, technology, competing services, the needs of the community and other factors impacting cable systems. As a result of these discussions, this license may be modified by the city and the licensee to respond to the change in laws, regulations, technology, competing services, the needs of the community or other factors impacting cable TV systems.
      (2)   If any of the following conditions occur, and upon written request of either licensee or city, the city manager and licensee may agree to meet and discuss in good faith the terms of a mutually agreeable license amendment:
         (a)   Cable service similar to cable service offered by licensee is provided by any entity using the public rights-of-way, which is not subject to similar licensing requirements of the city.
         (b)   The cable act is amended to allow licensee to provide intrastate or interstate telecommunication and any regional communications company to provide cable service.
         (c)   Any other significant event occurs, including but not limited to a final non-appealable order or judgment by a court of competent jurisdiction, which either licensee or city believes may impact the current terms and conditions of the license.
         (d)   The purpose of the meeting and discussion is to use best efforts to reach mutually acceptable agreement for recommendation to the council for proposed council action within ninety days of such written request, on how to amend the license to relieve the city or the licensee from any commercial impracticability, which arises from the condition in question. This provision shall not require that the license be amended, however it is intended to facilitate a process whereby the parties may reach a mutually acceptable agreement.
   (L)   Conditions of public rights-of-way occupancy.
      (1)   General construction practices. Licensee’s construction practices shall be in accordance with all applicable federal, state and local laws, rules and regulations, including but not limited to the federal Occupational Safety and Health Administration Regulations, as adopted by the State of Arizona. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of applicable codes.
      (2)   General operational practices.
         (a)   The construction, operation and maintenance of licensee’s system, including but not limited to the headend and distribution network, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and practices, shall be performed by appropriately licensed and qualified maintenance and construction personnel.
         (b)   The system shall be kept in a safe and suitable condition and shall be in compliance with, maintained, repaired and constructed in accordance with the applicable standards, procedures and practices contained in the National Electric Code and the National Electrical and Safety Code, as those codes may, from time to time, be amended; and shall additionally be maintained so as not to endanger or interfere with improvements the city may deem necessary, or to unlawfully interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on public rights-of-way.
      (3)   Safety. Licensee shall at all times employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failure and accidents which are likely to cause damage, injury or nuisance to the public, including public employees.
      (4)   Testing of RF Radiation Cumulative Leakage Index (“CLI”). Licensee shall at all times comply and perform all testing in accordance with FCC rules and regulations. Licensee shall have the right to discontinue its service to any premises where RF radiation which licensee cannot control is originating from inside the premises. Once a year, licensee shall provide notice to the city of its schedule of RF leakage monitoring and testing. Upon the city’s request, licensee shall furnish the city with copies of the monitoring and testing data and results following licensee’s performance of scheduled RF leakage monitoring and testing.
      (5)   Underground. In all areas of the city where the cables, wires and other like facilities (electric and telephone) of public utilities exist underground, or are required by the city to be placed underground, licensee shall also place its cables, wires or other facilities underground.
      (6)   Pole attachments. Licensee shall use the poles and other properties of the city pursuant to any pole attachment agreements or public utility companies operating within the city, and licensee shall not construct, erect or maintain any support poles or other properties in the public rights-of-way within the city for the operation of its system except upon the express permission of the city, which consent shall not be unreasonably withheld upon a showing of need by licensee. In all areas of the city where the cables, wires and other facilities of licensee are attached to any city-owned utility poles, licensee shall maintain those attachments subject to payment to the city in an amount determined by written agreement between the city and licensee.
   (M)   Placement of facilities.
      (1)   This license agreement does not alter the city’s governmental power to establish regulations of general applicability on the erection, construction or installation of any facilities which may be constructed, maintained or operated by a person authorized to use and occupy the streets and other public rights-of-way, including a cable TV system operator.
      (2)   Licensee shall comply with those requirements, including obtaining permits prior to excavation and providing maps showing where construction or excavation is planned, and upon completion, providing maps showing actual construction if any changes are authorized.
      (3)   The city retains the right to designate where licensee may place its facilities within the streets and other public rights-of-way.
   (N)   Relocation for public improvements; request of the city; governmental powers. Whenever because of public necessity or the welfare of the public generally, the city shall elect to change the grade of any street, or to sell or vacate any street, easement, or other public rights-of-way, or to construct or reconstruct any water lines, sanitary or storm sewers, watercourses, drainage ditches, conduits, playgrounds, traffic control devices or other public improvements, licensee shall, after 30 days written request from the city, remove and relocate its poles, wires, cable, conduits and other fixtures at its own expense.
   (O)   Transaction privilege taxes.
      (1)   Licensee shall obtain a city business license, which will be the mechanism for assessing all transaction privilege taxes.
      (2)   Licensee shall pay all required taxes in a timely manner and shall allow access to its sales and construction records upon reasonable request of the city at the centrally located business office during regular business hours.
      (3)   If audited, licensee shall comply with all requests of the city, and shall pay all applicable arrearages and or fees.
      (4)   Failure to pay the assessed tax or failure to make a timely appeal of such assessment pursuant to the city tax code is considered a violation of the terms and conditions of the license agreement, which may result in liquidated damages set forth herein.
      (5)   A licensee must obtain a transaction privilege tax license to conduct business in the corporate limits of the city. In addition, licensee shall notify the city clerk of any and all construction agreements it has with any independent contractors and their subcontractors for any work to be performed within the city, who shall also be licensed in the State of Arizona and shall also obtain a transaction privilege tax license to conduct business within the city limits, Licensee is responsible for ensuring such tax license is obtained by its independent contractor and subcontractors.
(Ord. 1413, passed 2-3-2015)