§ 22-1-5 License term.
(A) Any license granted by the City pursuant to this chapter shall commence upon adoption of the license and acceptance of the license by the provider. The license shall be for a term of five years, and subject to the conditions and restrictions provided in the instrument and this chapter. Every license shall be subject to the following provisions:
(1) Licenses shall be personal to the licensee. Except as provided in the license, no transfer of a license or licensee, or change of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) can occur without prior consent by the City Council.
(2)
(a) Notwithstanding the foregoing, prior consent shall not be required for transfers to any company which is owned or controlled or under common control and with the same direct parent as licensee, and which is intended after such transfer to remain under the ownership or control of that parent or an entity under common control or with the same direct parent, provided that, no transfer shall be valid unless licensee and the proposed transferee submit a binding agreement and warranty to the City stating that:
1. The proposed transferee has read, accepts, and agrees to be bound by the license;
2. The proposed transferee assumes all obligations, liabilities and responsibility under the license for the acts and omissions of licensee, known and unknown, for all purposes, and agrees that the transfer shall not permit it to take any position or exercise any right which licensee could not have exercised; and
3. The transfer will not substantially diminish the financial resources available to the licensee.
(b) Prior to completing the transfer described in division (A)(2)(a)(2), licensee and the proposed transferee shall submit to the City a description of the nature of the transfer, and submit complete information regarding the effect of the transfer on the direct and indirect ownership and control of the license.
(3) Every licensee shall obtain the insurance, and provide proof of insurance as required by the City; post the performance bonds and security fund required by the City; and agree to fully indemnify the City, its officers, agents, boards and commissions, in a form satisfactory to the City; and agree that it shall have no recourse whatsoever against the City or its officials, 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 because of defects in this chapter or the license issued.
(4) The City shall have continuing jurisdiction and supervision over any facilities located within or on city streets and public ways. Daily administrative, supervisory and enforcement responsibilities of the provisions of this chapter shall be delegated and entrusted to the City Manager to interpret, administer and enforce the provisions of this chapter, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment or use of the facilities within the City streets and public ways. Every licensee shall comply with and be bound by the administrative and enforcement provisions as may be prescribed from time to time by the City.
(5) The licensee agrees to provide and maintain accurate digital maps in an electronic format specified by the City that shows the location of all facilities it will use in the streets and public ways within the City, and comply with such other mapping requirements as the City may establish from time to time.
(B) Every licensee shall be subject to the City’s exercise of such police, regulatory and other powers as the City now has or may later obtain, and a license may not waive the application of the same, and must be exercised in strict conformity therewith. Every license shall be subject to revocation if the licensee fails to comply with the terms and conditions of the license or applicable law. Provided, however, that a license shall not be revoked unless the licensee is given written notice of the defect in performance and fails to cure the defect within 60 days of the notice, except where the City finds that the defect in performance is due to intentional misconduct, is a violation of criminal law, or is part of a pattern of violations where the licensee has already had notice and opportunity to cure. A hearing shall be held before a license is revoked or not renewed if the licensee requests a hearing.
(C) The issuance of a license by the City is not a representation or warranty that such license is a legally sufficient substitute for a franchise and is not a representation or warranty that a franchise is not required. (Ord. 03-842, passed 5-12-2003)