A. Subject to the conditions and limitations hereinafter set out, the city hereby grants encroachment license permits to install public telephones and facilities in and upon public sidewalks, ways and places in the city, to telephonic communication companies. Such encroachment license permits shall be in a form approved by the city attorney.
B. The city manager is hereby authorized to issue such license permits to said telephonic communication companies from time to time upon proper application therefor, providing the city manager is satisfied that the proposed number and location of such public telephones will best serve the public interest.
C. All installations shall be made in accordance with the requirements of the city’s public works department, and the city manager shall withhold issuing such license permits until receiving recommendations from the public works department.
D. The city shall not be obligated to pay any costs in connection with any such installation.
E. The telephonic communications companies shall pay to the city an amount equal to 15% of the coins of United States currency in denominations of 25 cents, 10 cents, and 5 cents received by the telephonic communication companies from all public telephones installed pursuant to this resolution and the license permit herein referred to (exclusive of federal communications excise taxes), payments to be made to the city not less frequently than annually. However, if the telephonic communication companies incur costs in securing electrical connections and telephone conduit for a telephone installation, the cost of securing said connection, paid by telephonic communication companies, may be deducted from the revenue received by them from such installations until such time as the telephonic communication companies have fully recovered their electrical and telephone conduit connection costs.
F. The license permits issued pursuant hereto shall include the following provisions:
1. Telephonic communication companies shall maintain the telephones and any associated booths or installations in good repair and in a safe and sightly condition, at telephonic communication companies’ expense, and to the satisfaction of the city manager;
2. Telephonic communication companies shall hold the city harmless from any and all losses, claims or judgments for damages to any person or property arising from the installation, maintenance, or presence of said public telephone; and
3. The license permit shall be revocable at any time upon 30 days’ prior written notice to the telephonic communication companies from the city manager, and upon such notice and within said 30-day period, said telephonic communication companies shall cause such installation or installations so designated by the city manager to be removed, and said sidewalk, way, or place shall be restored as nearly as practicable to its former condition prior to the installation or installations.
Nothing herein contained shall be construed to prevent or limit the telephonic communication companies, in their discretion, from removing any telephone installation at any time.
(Res. No. 171 77-78 §1, Res. No. 02 03-04, Res. No. 113-07, Res. No. 19-13)