Provided that nothing herein shall be construed to deprive the Director of the right to exercise his or her judgment and make whatever decision best serves the interests of the Municipality and its residents, all Permits issued and Agreements entered into are subject to the following terms and conditions:
(a) Any installation must be compatible with the Municipality's telecommunications policy objectives as allowed by federal and state laws.
(b) Service Provider shall comply with all applicable federal, state and local laws or regulations, compensation and auditing.
(c) All construction work of any kind, any placement of physical items in, on, under or over a public Right-of-Way, any obstruction or temporary use of a public Right- of-Way, or any other kind of use of a public Right-of-Way for private purposes shall require that the Person proposing such use first obtain a Permit from the Municipality.
(d) Any Permit issued shall not replace or serve in the stead of any franchise or other contract normally required for providing certain kinds of utility or communications services.
(e) Any Permit granted shall be non-exclusive.
(f) Application must be made sufficiently in advance of the time proposed for execution to permit the Director to review the application, make inquiries, and, if necessary and appropriate, negotiate a written Agreement setting forth the terms under which the Municipality is willing to issue a Permit.
(g) The Director may promulgate and adopt such rules, regulations, forms and procedures as may be necessary to assure the timely, thorough and efficient administration of the permit process.
(h) Service Provider may install in the public Rights-of-Way new Telecommunications Systems and Conduit Facilities only with the prior approval of the Director. Notwithstanding any other provision, nothing in this chapter is to be construed as giving the Service Provider the right to extend its Telecommunications System without prior approval of the Director.
(i) Whenever Service Provider desires to expand the Telecommunications System identified, it shall inform the Director of its plan prior to implementing the project. Any expansion requiring excavation shall not be permitted without prior approval of the Director.
(j) Service Provider is given the right to operate its Telecommunications System for a period of not less than five (5) years commencing with the execution of an Agreement between the Service Provider and the Director or a granting of a Permit by the Municipality or Director.
(k) Service Provider shall comply with all other reasonable requirements imposed by the Municipality as a condition of approval of Service Provider's Construction Permit Application. (Ord. 01-19. Passed 6-11-01.)