A. The public works director may grant to any utility, telecommunications, cable or internet provider or company a nonexclusive permit upon, under or across public property for such facilities. The permit shall be subject to any payments, provisions, and limitations as the city may impose. Such grant shall be made by an instrument approved by the city attorney and upon a finding by the public works director that the permit will not substantially interfere with city use of the property and that granting the permit is otherwise consistent with the interests of the city.

B. Along with any other appropriate provisions, the instrument granting the permit shall specify the facility to be installed within the permit and shall provide that:

1. The acceptance of the permit shall impose upon the grantee the obligation to indemnify, defend, pay and hold the city harmless against any loss, claims, injury or other liabilities of any description arising out of the permit or use or misuse of the property pursuant to the permit; and

2. The city shall have the right to require the permit holder to relocate any and all facilities from time to time at no cost to the city in order to avoid conflicts or potential conflicts with existing or proposed improvements to city property or services.

C. No person, company or entity shall place structures, facilities or landscaping within city rights of way or property without a permit or lease as required by this chapter. (Ord. 03-006)