(A) Agreement. Upon approval by the Mayor and execution by the parties, this agreement shall be deemed to constitute a contract by, and between, the city and the provider.
(B) Ordinance.
(2) The provider acknowledges that it has had an opportunity to read and become familiar with the telecommunications rights-of-way subchapter. The parties agree that the provisions and requirements of the telecommunications rights-of-way subchapter are material terms of this agreement, and that each party hereby agrees to be contractually bound to comply with the terms of the telecommunications rights-of-way subchapter.
(3) The definitions in the telecommunications rights-of-way subchapter shall apply herein unless a different meaning is indicated.
(4) Nothing in this section shall be deemed to require the provider to comply with any provision of the telecommunications rights-of-way subchapter which is determined to be unlawful or beyond the city’s authority.
(C) Subchapter amendments. The city reserves the right to amend the telecommunications rights-of-way subchapter at any time. The city shall give the provider notice and an opportunity to be heard concerning any proposed amendments. If there is any inconsistency between the provider’s rights and obligations under the telecommunications rights-of-way subchapter, as amended, and this agreement, the provisions of this agreement shall govern during its term. Otherwise, the provider agrees to comply with any such amendments.
(D) Franchise description. The telecommunications franchise provided hereby shall confer upon the provider the nonexclusive right, privilege, and franchise to construct and maintain a telecommunications network in, under, above, and across the present and future public rights-of-way in the city. The franchise does not grant to the provider the right, privilege, or authority to engage in a community antenna (or cable) television business; although, nothing contained herein shall preclude the provider from:
(1) Permitting those with a cable franchise who are lawfully engaged in such business to utilize the provider’s system within the city for such purposes; or
(2) From providing such service in the future if an appropriate franchise is obtained and all other legal requirements have been satisfied.
(E) Licenses. The provider acknowledges that it has obtained the necessary approvals, licenses, or permits required by federal and state law to provide with the provisions of this agreement and with the telecommunications rights-of-way subchapter.
(F) Relationship. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in a manner that would indicate any such relationship with each other.
(Prior Code, § 13.11.010) (Ord. 13-98, passed 5-20-1998)