Section 12.05.020 Franchise, license or lease required.

1. No person shall use the public right of way or other public property without first obtaining a franchise, license or lease from the city. The city shall not enter into or issue any franchise, license or lease that grants exclusive rights. An application for a license or lease shall be filed with the finance and administrative services director on a form provided by the city and shall include as a minimum the following information: the name, address and telephone number of the applicant; the name, address and telephone number of a person whom the city may notify or contact at any time concerning the license or lease; an engineering site plan showing the proposed location of the facilities including any manholes, the size, type and proposed depth of any conduit or other enclosures; and any additional information the city may require. All franchises or licenses or leases required by this section shall be granted by the city council. In the event of a conflict between the terms and provisions of a franchise and this ordinance, the terms of the franchise will prevail unless specifically provided otherwise.

2. In compliance with the laws of the State of Iowa, the provision of subsection 1 of this section shall not apply to a telecommunications provider providing telephone service within the city continuously since 1897. This exemption is in effect only for the period of time said telecommunication provider is exempt from the provision of subsection 1 by state law. It is the intent of the city council that any such telecommunications provider shall become subject to the provisions of subsection 1 as soon as state law permits. (Ord. 2006-0415; 98/U-6224; S-38669, 1979)