(A) The licensee shall maintain insurance of the types and amounts acceptable to the City; provide proof of insurance as required by the City; post performance bonds and security funds as required; pay any annual fees established in the license or annual fees established by Council resolution and shall agree to fully indemnify the City, its officers, agents, employees, boards and commissions, in a form satisfactory to the City and shall agree that it shall have no recourse whatsoever against the City, its officers, agents, boards, commissions 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 or as a result of any damage that may result from the City’s exercise of its rights under the license or applicable provisions of law.

(B) The initial license term shall be for a period of five years and may be renewed for five year terms.

(C) Except as provided in the license, no transfer or change of control over the license (including but not limited to, forced or voluntary sale, merger, consolidation, receivership or any other means) shall occur unless prior application is made to the City and the City’s prior written consent is obtained, which consent will not be unreasonably withheld or delayed.

(D) Licensee shall produce books and records for the City’s inspection and copying, prepare reports, respond to questions and permit the City to have access to its facilities as the City may request in order to determine whether licensee has complied with its obligations under its license or other applicable law or regulation.

(E) The applicant shall agree to provide and maintain accurate maps of drawings showing the location of all its facilities, including all the facilities it will use in the streets, roads and rights of way within the City and to comply with such other mapping requirements that the City may establish from time to time.

(F) The applicant shall provide proof to the City that the applicant has received a certificate of public convenience and necessity from the Arizona Corporation Commission which authorizes applicant to provide telecommunications services within the City.

(G) The applicant shall agree to comply with the any requirements for using the City’s rights of way that the City may establish from time to time.

(H) In the event that there is a conflict between the provisions of this chapter and the provisions contained in a license granted by the City to an applicant, the provisions of the license shall prevail. (Prior Code, § 22-2-2) (Ord. 2000-706, passed 11-27-2000)