733.04 COVENANT TO INDEMNIFY AND HOLD THE CITY HARMLESS.

   Grantee will agree to indemnify, defend, and hold the City and its officers, agents, employees, and volunteers harmless from any and all claims or causes of action for injury damage loss, liability costs or expense, including court and appeal costs and reasonable attorney fees or expenses arising from any casualty or accident to person or property by reason of any Construction, excavation or any act or omission done pursuant to the License by or for Grantee, its agents or employees, or by reason of neglect or admission of Grantee to keep its Telecommunications System in a safe condition. Grantee shall consult and cooperate with the City while conducting its defense of the City.
(Ord. 2680. Passed 5-16-00.)

733.05 CONSTRUCTION.

   (a)   Accompanying any application for a License between an Applicant and the City shall be a complete plan of the Telecommunications System filed with the City prior to the issuance of a License. Such plans shall have a complete timetable of Construction of Applicant's Telecommunications System and when it will be completed within the City.

   (b)    Such plans shall also be subject to approval by the City, including all Construction and timetables within the City. With the maps given to the City, the Applicant shall provide a detailed description of the type and quantity of Facilities, including but not limited to conduit, fiber, coaxial, twisted pair, fiber count, and pair count. Upon substantial completion of Construction, a Grantee shall provide as built drawings and plans of the Telecommunications System acceptable to the City.

   (c)    Prior to doing any Construction work, Grantee must apply for and obtain appropriate permits from the City, give appropriate notices to the City or bureaus of the City, or the City's infrastructure coordinating committee and the Advisory Utilities Commission, or other units of government ongoing or maintaining Facilities which may be affected by the proposed Construction.

   (d)    Grantee's system will be constructed and maintained so as not to interfere with any current or existing Rights of Way user including any City, County or other Person's property including sewers, water pipes, or any other property of the City, County, or Person.

   (e)    Grantee will be required to relocate the Telecommunications System Facilities located in the Rights of Way if requested by City. The cost of relocation will be Grantee's sale cost.
(Ord. 2680. Passed 5-16-00.)

733.06 RESTORATION OF STREETS.

   Grantee shall agree with the City to properly Restore any Rights of Way within any area affected by the Construction by the Grantee. The City may, after providing notice to Grantee, refill in or repave any opening made by Grantee and the expenses thereof will be paid by Grantee. Restoration shall be in accordance with City standards and Rules and Regulations.

(Ord. 2680. Passed 5-16-00.)

733.07 ACCESS.

   If the involved Grantee's Telecommunications System provides, leases, or operates a "Cable Service" and/or "Cable System" as defined in Title 47, Section 522 (6) and (7) of the United States Code within the City, such Grantee shall undergo negotiations with the City to provide access services to the City. Any provider of video signals under this chapter in the City agrees to carry the entire access-programming lineup utilized by cable televisions in the City. This specifically excludes video providers who are exempted from such access requirements under Law.
(Ord. 2680. Passed 5-16-00.)

733.08 DISCONTINUED USE OF FACILITIES.

   Whenever Grantee intends to discontinue use of its Telecommunications System, the City shall require Grantee to remove or secure the Facilities or the City can request that the Telecommunications System remain in place.
(Ord. 2680. Passed 5-16-00.)

733.09 REMEDIES.

   (a)    Liquidated Damages. In addition to any other rights reserved by the City under Law, the License shall also include a provision of liquidated damages to be negotiated by the Grantee and the City. Such liquidated damages shall allow the City to enact unilateral damages on the Grantee for violations of this License. The terms of said liquidated damages will be located within the License between the Grantee and the City.

   (b)    Grantee may not Transfer the rights and privileges granted hereunder without the prior written consent of City expressed by resolution or ordinance, and then only under such conditions as may herein be prescribed. No Transfer in Law or otherwise shall be effective until the City has consented and the transferee has filed with the City an instrument duly executed reciting the fact of such assignment or Transfer, accepting the terms of the License, and agreeing to comply with all of the provisions hereof.
(Ord. 2680. Passed 5-16-00.)

733.10 APPLICATION.

   To apply for a License in the City, the Applicant shall inform the City in writing that it wishes to apply for a License in the City of Oxford. The parties shall commence the application process and discussions within sixty (60) days after the receipt of this letter and if the process is successful, a License document shall be submitted to Council for a vote on the issuance of said License. Such Applicant shall also pay the City an Application fee of one hundred dollars ($100.00), which is nonrefundable under any circumstances.

(Ord. 2680. Passed 5-16-00.)