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An application for a license to engage in the business of operating a cable television system shall be made by filing an application with the City Clerk. The application shall set forth the following information:
A. The name and address of the applicant; and should the applicant be a corporation, the names and addresses of all officers and directors of the corporation.
B. An outline of the general construction and operating plans of the applicant.
C. A proposed schedule for the construction of the system and the proposed date of the commencement of the service.
D. A statement of the policy of the applicant concerning the extension of the system within the license area. (1977 Code § 5.28.020)
The City Council shall issue to a qualified applicant, a license granting unto the licensee the right and privilege to erect, construct, install, repair, replace, reconstruct, maintain and operate in, on, over, under, upon, across and along any public street, public way and public place now laid out or dedicated, and all extensions thereof and additions thereto in the license area, such poles, wires, cables, conductors, ducts, conduit vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the cable television system. (1977 Code § 5.28.030)
The rights, privileges and license to engage in the business of operating a cable television system in the City provided for in this Chapter shall not be exclusive and the City has the right to grant similar rights, privileges and licenses to others. (1977 Code § 5.28.040)
The term of such license shall be fifteen (15) years; and the annual license fee, in lieu of all license and business and occupational taxes, shall be one hundred dollars ($100.00), payable on or before January 15 in each year. If such license is granted after January 15 in any year, the said license fee shall be prorated for the first year. The City reserves the right to review and modify said license fee from time to time. (1977 Code § 5.28.050)
A license granted hereunder is transferable by the licensee upon application to the City Council, and approval of such transfer shall not be withheld by the City Council except for good cause shown after public hearing at which both the licensee and the proposed transferee shall have the right to be heard. (1977 Code § 5.28.110)
If any license granted hereunder is not renewed by the licensee or if the license is terminated for any other reason, the licensee shall, at its own expense, remove all of its facilities located on public ways, leaving the said public ways in a safe condition, to conform to the existing condition of said public ways. (1977 Code § 5.28.120)
The licensee shall at all times protect and hold harmless the City from all claims, actions, suits, liability, loss, expense or damages of every kind and description, including investigation costs, court costs and attorney fees, which may accrue to or be suffered or claimed by any person arising out of the negligence of the licensee in the ownership, construction, repair, replacement, maintenance and operation of the cable television system. The City shall give the licensee prompt written notice of any such claims filed against it. (1977 Code § 5.28.080)
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