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 (5) years and may be renewed for five (5) year terms.
C. A fiber optic cable license is personal to the licensee. Except as provided in the license, no transfer or change of control over the licensee (including, but not limited to, forced or voluntary sale, merger, consolidation, receivership, or any other means) shall occur unless prior application is made to the city and the city's prior written consent is obtained, which consent will not be unreasonably withheld or delayed.
D. 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 licensee has complied with its obligations under the license or other applicable law or regulation.
E. The applicant shall agree to provide and 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.
F. The applicant shall agree to comply with right of way use requirements that the city may establish from time to time.
G. 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.
H. The applicant must agree to abide by such other conditions and terms as required by the city council upon consideration of the application.
I. In the event there is a conflict between the provisions of this chapter 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. (Ord. 1292 § 1, 2008)