Ordinance 2000-91 - Laserfiche WebLink

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Sec. 12. Issuance of License. The Director has the authority to and shall grant a license to a applicant who files a completed application, complies with the application requirements herein, and pays the required application fee; provided however, the Director shall have the authority to deny a license if the applicant fails to meet the application requirements or the proposed use of the public rights-of-way presents a danger to the general public and other users of the public rights-of-way. Sec. 13. Transfers. Licensee shall have no right to assign a License in whole or in part without the prior written consent of the City, which shall not be unreasonably withheld or delayed. Any attempt by Licensee to assign a License without such consent shall be null and void. Consent shall be deemed granted within 90 days of the request unless the City finds the proposed assignee or transferee Notwithstanding the foregoing, Licensee may assign the License without City consent to an affiliate or entity which is controlled by or under common control with Licensee, provided that such assignee agrees in writing to be bound by the terms and conditions of this Section and the License. Sec. 14. Use of County Public Ri2hts-of-Way; Construction Requirements; Alteration of the System; Access bv City. Subject to all applicable provisions of the City, County and State, the Licensee may perform all necessary work to construct, occupy and maintain its Telecommunications System. The Licensee must comply at all times with all policies, procedures and directives of the Public Works Department, the Planning, Zoning and the Building Departments. Prior to the installation, placement or removal of any conduits, cables or pole lines, facilities, or the start of any other type of construction on the City's public rights-of-way, the Licensee shall, pursuant to the requirements of existing or subsequently enacted City ordinances, obtain all permits from, and pay all fees to, the Public Works Department, the Planning and Zoning Department and the Building Department. The issuance of a permit by the City shall not be construed by the Licensee as a warranty that the placement by the Licensee of its conduits, cables or pole lines, facilities, or the start of construction, is in compliance with any applicable rules, regulations or laws. All construction and maintenance of the Licensee's facilities within City public rights-of-way incident to Licensee's provision of service shall, regardless of who performs installation and/or construction, be and remain the responsibility of the Licensee. Sect 5. Ri2ht to use Easement and Streets Not Warranted. It is understood that there may be from time to time within the City various public rights-of-way which the City does not have the unqualified right to authorize Licensee to use; therefore, in granting this License, the City does not warrant or represent as to any Telecommunications Right-of-Way Ord. LMD:ch/pwalker 4/5/00 -12:41 PM 9