§ 138-135. Terms and conditions of revocable license.  


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  • (a)

    The terms and conditions applicable to any revocable license granted pursuant to this article shall be set forth in the separate ordinance granting the revocable license and/or in a separate written agreement. A revocable license granted pursuant to this article shall not become effective until the separate ordinance granting the license becomes effective and any separate written agreement is executed by both parties. Such separate ordinance and/or written agreement shall address the same subjects listed in section 138-129 of this article subject to the following limitations:

    (1)

    The revocable license shall be for an initial term not to exceed five years from the date that the ordinance granting the revocable license becomes effective with the option of the city to renew not to exceed two additional one years;

    (2)

    The revocable license shall be revocable at any time by the city for cause; and

    (3)

    The revocable license, together with all revocable licenses previously granted to the applicant or affiliated persons, shall not authorize the occupation and use of more than 500 linear feet of specifically identified streets, unless the use or occupation of the streets does not involve the offering or provision of telecommunications services to any person in the city.

    (b)

    In the event an application for a revocable license would cause a telecommunications provider to exceed or fail to comply with the limits specified in sections 138-127(b)(1) and section 138-135(a)(3). then such telecommunications provider must apply for a franchise in accordance with the provisions of this article, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted.

(Ord. No. 2001-22, § 2, 3-14-01)