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11-1-3: APPLICATION FOR LICENSE:
The application for a license must be on a form provided by the City Manager and must include the following information:
   A.   The name, address, email address, and telephone number of the applicant.
   B.   The name, address, email address, and telephone number of a responsible person whom the City may notify or contact at any time concerning the communications system.
   C.   An engineering site plan showing the proposed location of the communications system, including any manholes or overhead poles, the size, type and proposed depth of any conduit or other enclosures, and the relationship of the communications system to all existing streets, sidewalks, poles, utilities and other improvements within the public right-of-way.
   D.   Any additional information which the City Manager may reasonably require. (Ord. 39-17, 8-21-2017)
11-1-4: GRANTING OF LICENSE:
The City Manager will review each application and will grant each license which the City Manager determines to be in compliance with the requirements of this chapter and any other applicable legal requirements. In granting a license, the City Manager may require that the applicant change the proposed location of the communications system where necessary to avoid interference with other cables, wires, conduits, pipes, sewers or other facilities placed within the public right-of-way. The duration of the license is for a period of ten (10) years from the date of the issuance of the license. (Ord. 39-17, 8-21-2017)
11-1-5: AMENDMENT TO LICENSE:
In the event that a licensee with a current license proposes to expand or relocate any portion of its communications system within public rights-of-way, the licensee must file with the City Engineer a notice of intent to expand or relocate its communications system. The notice must include relevant new information of the type required in connection with the initial application for a license. If the City Engineer determines that the expansion or relocation is a material change in the communications system, the City Engineer must notify the licensee in writing within ten (10) days after receipt of such notice from the licensee that the notice will be considered and granted by the City Manager in the same manner as an original license application. (Ord. 39-17, 8-21-2017)
11-1-6: REGULATIONS:
   A.   Fee And Application: No license required under this chapter will be granted for any communications system until the required fees have been paid, and until a complete application has been filed with and approved by the City Manager.
   B.   Installation Of System Pursuant To License: The communications system must be installed or constructed in accordance with the terms of the license granted by the City Manager.
   C.   As Built Survey Specifying Location Of System: Once the system is in place, the licensee must file with the City Manager an as built survey specifying the actual location of the system, including, but not limited to, any manholes, overhead poles, or other equipment and the licensee must provide such signs or other economically feasible means of locating the system as may be reasonably required by the City Manager, including, in the case of underground systems, a requirement that the licensee contract with a one call locating service or similar locating service for inclusion of the system by the service.
   D.   Permit To Work In The Public Right-Of-Way: If it becomes necessary to dig into, excavate in or in any manner break up any public right-of-way in connection with the installation, construction, reconstruction, repair, operation, disconnection or removal of the system, the licensee must first obtain a permit from the City to do so.
   E.   Technical Standards: All technical standards governing installation, construction, reconstruction, repair, operation, disconnection and removal of a communications system licensed hereunder must be in accordance with all applicable Federal Communications Commission rules and other Federal, State and City laws and regulations.
   F.   System Maintained In Good Condition And Repair: The licensee must maintain all parts of the system in good condition, order and repair.
   G.   Responsibilities To Franchised Utilities Or Systems: The licensee is responsible for repairing or reimbursing other licensed or franchised utilities or communications systems for any damage to their property caused by the negligence of the licensee, or its agents, employees or contractors, in connection with the installation, construction, reconstruction, repair, operation, disconnection or removal of the licensee's communications system.
   H.   Location Restriction, Public Use Space: No license required under this chapter will be granted to authorize placement of a communications system in any space which is required for public use.
   I.   Failure To Comply: Failure by the licensee to comply with any of the requirements of the license or this chapter will constitute grounds for termination of the license by the City. (Ord. 39-17, 8-21-2017)
11-1-7: RELOCATION OR REMOVAL WHEN REQUIRED BY PUBLIC NEEDS:
   A.   Public Improvements: The licensee must, upon thirty (30) days' written notice from the City and at no cost to the City, protect, support, or temporarily or permanently disconnect, relocate within the same or other public right-of-way, or remove any or all of its communications system when required to do so by the City because of street or other public excavation, construction, repair, grading or regrading; traffic conditions; installation of sewers, drains, water pipes, or City owned power or signal lines; vacation or relocation of public rights-of-way; installation or construction of any other type of structure by the City or any other public agency; or any other type of improvement which promotes the public health, safety or welfare.
   B.   Emergency Situation: If, at any time, in case of fire or disaster in the City, it becomes necessary in the reasonable judgment of the City Manager to cut or secure any of the wires, cables, amplifiers, appliances, or appurtenances thereto of the licensee, such cutting or removing may be done and any repairs rendered necessary thereby must be made by the licensee, at its sole expense.
   C.   Moving Of Buildings: The licensee must, at the request of any person holding a building moving permit, temporarily remove, raise, or lower its wires to permit the moving of said building, provided the licensee has been given not less than ten (10) working days' notice of such move. The reasonable cost of such temporary removal, raising, or lowering of wires must be paid by the person requesting the same, and the licensee must have the authority to require such payment in advance. (Ord. 39-17, 8-21-2017)
11-1-8: FEE FOR MANAGEMENT COSTS:
   A.   Fees Established; Computation: It is a term and condition of any license issued pursuant to this chapter that, as part of the consideration supporting the issuance of such license and the City's permission thereby to occupy and use the public rights-of- way of the City, the licensee must pay to the City an annual fee for management costs as established by the City Manager which is due and payable at the time of filing of the initial license application.
   B.   Systems Exempt From Fee For Management Costs: The following communications systems are exempt from the fee for management costs requirements:
      1.   Communications systems which pay to the City a franchise fee.
      2.   Cable television systems.
      3.   Communications systems exempt from payment of the fee for management costs by agreement with the City.
   C.   Fee Payments Subject To Audit: The acceptance of any fee payment by the City may not be construed as an acknowledgment that the amount paid is the correct amount due, nor may such acceptance of payment be construed as a release of any claim which the City may have for additional sums due and payable. All fee payments are subject to audit by the City Manager and assessment or refund if the payment is found to be in error. In the event that such audit results in an assessment by, and an additional payment to, the City, such additional payment will be due and payable immediately, together with interest at the rate established by the City Manager calculated from the due date for the fee in question.
   D.   Liability For Taxes: Nothing in this chapter may be construed to limit the liability of the licensee for all applicable Federal, State and local taxes. (Ord. 39-17, 8-21-2017)
11-1-9: HOLD HARMLESS; INSURANCE; BOND:
It is a term and condition of any license issued pursuant to this chapter that, as part of the consideration supporting the issuance of such license and the City's permission thereby to occupy and use the public rights-of-way of the City, the licensee assumes the following obligations:
   A.   Hold Harmless Agreement: The licensee must indemnify, protect, save and hold harmless and defend the City from and against any and all liability, losses and damages to property, or bodily injury or death to any person, including payments made under workers' compensation laws, arising out of or in any way connected with the installation, construction, reconstruction, repair, operation, disconnection or removal of the licensee's licensed communications system. The licensee must pay all reasonable expenses incurred by the City in defending itself with regard to any of the aforementioned claims, including all out of pocket expenses such as attorney fees and the value of any services rendered by the City Legal Department or any other officers or employees of the City. If any litigation on account of any such claims is commenced against the City, and upon receipt by the licensee and written notice of such litigation from the City, the licensee must defend the same at its own cost and expense. The record of any judgment rendered against the City on account of such claims is conclusive as against the licensee and entitles the City to recover the full amount thereof with interest and costs and attorney fees incurred by the City. The right of action therefor accrues to the City as soon as judgment is rendered. The City must fully cooperate with the licensee's defense of any such claim or action.
   B.   Liability Insurance: Immediately upon issuance of the required license, the licensee must purchase general liability insurance as is required by the City's standard Insurance Schedule A, as such schedule may from time to time be amended. The licensee must maintain such insurance coverage for as long as the licensed communications system remains in place within public rights-of- way.
   C.   Contractors' Insurance: The licensee's contractors or subcontractors must provide insurance as required by City's current insurance schedule for right-of-way licensees or permittees.
   D.   Bond:
      1.   Immediately upon issuance of the required license, the licensee must file with the City Manager such bond as is required by the City Manager in conformity with such written standards relative to the amount of the bond and the qualifications of the surety as may be promulgated, and as may be amended from time to time, by the City Manager with the approval of the City Attorney.
      2.   The purpose for such bond is to protect the City from any and all damages and costs suffered or incurred by the City from any failure by the licensee to restore all public rights-of-way and other public property affected by the installation, construction, reconstruction, repair, operation or removal of the licensed communications system to its proper condition in accordance with City standards. Such bond must be maintained by the licensee for as long as the system remains in place within public rights-of- way and thereafter until the licensee has satisfied in full any and all obligations to the City which arise out of the licensed communications system. (Ord. 39-17, 8-21-2017)
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