5.15.070 License agreement.
A. Upon the approval of an application by the council, the applicant shall negotiate and execute a license agreement within 60 days. If the council and the grantee fail to agree on the terms of a license agreement within the 60 days of the date that the council approved the application, the approval shall expire without further action by the council. This time limit may be extended by the council for good cause. The license agreement shall incorporate all terms and provisions of this chapter wherein a requirement is placed upon the licensee, either expressed or implied, by this chapter. The licensee shall expressly and specifically agree to accept the terms of and be bound by the terms of this chapter, and any amendments thereto. This agreement shall be binding upon the licensee, its successors, lessees or assignees.
B. A license agreement shall have the following characteristics:
1. It authorizes use of the public rights-of-way for installing cables, wires, lines and other facilities to operate a cable system, but does not expressly or implicitly authorize the licensee to provide service to, or install cable, wires, lines or any other equipment or facilities upon, property without owner consent (except for compatible easements or rights-of-way pursuant to 47 U.S.C. Section 541(a)(2)), or to use publicly or privately owned utility poles or conduits without a separate agreement with the owners.
2. It is subject to the paramount right of use of the public rights-of-way by the council and the public for public purposes. The council reserves the right to authorize use of public rights-of-way to other persons as it determines appropriate.
3. It is nonexclusive and will not expressly or implicitly preclude the issuance of other licenses to operate cable systems within the city.
4. It conveys no property right to the licensee or right to renewal other than as may be required by state or federal law.
5. It constitutes a contract between the licensee and the council once it is approved and executed by both parties. A licensee contractually commits itself to comply with the terms, conditions and provisions of the license agreement and with all applicable laws, ordinances, codes, rules, regulations and orders.
6. The term of the license agreement shall not exceed 15 years commencing on its effective date.
7. A licensee shall execute a hold harmless agreement as part of the license agreement which shall set forth the obligation of the licensee over and above the insurance requirements contained in the license and this chapter.
8. A licensee shall be subject to all laws, rules and regulations of the state and the United States government.
9. Any of the provisions of this chapter may be amended by the council at any time. This chapter and such amended provisions shall be applicable to all existing license agreements; provided, however, that this chapter and such amended provisions shall not be applicable to an existing agreement where it would contravene a contractual right of the licensee under the license agreement, nor impose additional contractual burdens on the licensee.
10. All notices and communications from a licensee to the council pursuant to this chapter or a license agreement shall be sent to the city manager unless the licensee is otherwise directed. [Code 2006 § 12-1-7. Ord. 91-20, 12-10-1991].