A.
Nature of grant. In lieu of a Franchise, an Exempt Operator shall, except as may otherwise be provided in this Subtitle, apply to the City Manager for and obtain a Special Street Use Permit to enter upon and use specified Public Rights-of-Way for the purpose of installing, maintaining, repairing, or removing identified facilities within such Public Rights-of-Way to provide Telecommunications Service. The authorization granted shall be conditioned upon Special Street Use Permittee’s compliance with the terms and conditions of Chapter 16B.05 and the Special Street Use Permit.
B.
Reservation of rights. Every Special Street Use Permit shall include, or be read to include, as if stated therein, a reservation of rights by the City to require the Special Street Use Permittee to obtain a Franchise as to those facilities for which the Exemption is inapplicable or to which the Exemption is otherwise determined by a court of law not to be applicable.
C.
Special street use permit required. An Exempt Operator must apply for, obtain, and have in effect a Special Street Use Permit as a condition precedent to issuance of a permit from the City to perform any work in the Public Rights-of-Way. No Special Street Use Permit shall become effective until approved by the City Manager and accepted by the Exempt Operator.
D.
Limitations. A Special Street Use Permit does not convey title, equitable or legal, in the Public Rights-of-Way nor is it an authorization to operate facilities located within the Public Rights-of-Way.
(Ord. 27910 Ex. A, 2010-08-03)