(A) The applicant shall maintain insurance of the types and in the amounts specified by the city, and provide proof of insurance as required by the city; post performance bonds and security funds required; shall agree to fully indemnify the city, its officers, agents, boards, and commissions, in a form satisfactory to the city; and shall agree that it shall have no recourse whatsoever against the city, its officers, agents, boards, commissions agents, or employees for any loss, costs, expense, or damages arising out of any provision or requirement of the city because of the enforcement of the license or franchise, or because of defects in this chapter; or the license or franchise issued or as a result of any damage that may result from the city’s exercise of its rights under the license, or applicable provisions of law.
(B) The initial license term shall be for a period of five years and may be renewed for five-year terms.
(C) A telecommunication license is personal to the licensee. In the event of a transfer, the transferee shall submit a binding agreement to the city stating that it has read, accepts, and agrees to be bound by the license, and assumes all obligations, liabilities, and responsibility under the license for the acts and omissions of the licensee, known and unknown, for all purposes and the licensee gives written notice of the transfer or change of control to the city.
(D) The licensee shall produce books and records for the city’s inspection and copying, prepare reports, respond to questions, and permit the city to have access to its facilities as the city may request in order to determine whether the licensee has complied with its obligations under the license or other applicable law or regulation.
(E) The applicant shall agree to maintain accurate maps showing the location of all its facilities including all the facilities it will use in the highways within the city, and to comply with such other mapping requirements that the city may establish from time to time. The applicant shall provide map information upon request by the city at no cost.
(F) The applicant shall provide proof to the city that the applicant has received a certificate of public convenience and necessity from the Arizona Corporation Commission which authorizes the applicant to provide telecommunications services within the city.
(G) The applicant shall agree to comply with highway use requirements that the city may establish from time to time.
(H) The applicant shall agree to comply with and be bound by the administrative and enforcement provisions as may be prescribed from time to time by the city.
(I) The licensee and the city shall meet at periods not exceeding three years or upon request of either to discuss changes in the telecommunications laws, regulations, technology, competing services, the needs of the community, and other factors impacting telecommunications. As a result of these discussions, this subchapter or any license granted hereunder may be modified by the city and the licensee to respond to the change in laws, regulations, technology, competing services, the right-of-way management needs of the community, or other factions impacting telecommunications.
(J) In the event there is a conflict between the provisions of this subchapter and the provisions contained in a franchise or license granted by the city to an applicant, the provisions of the franchise or license shall prevail.
(Prior Code, § 18-6-4)