§ 78-164. Municipal property.

(a)

If an applicant requests a permit to develop a site on city-owned property, the permit granted hereunder shall not become effective until the applicant and the city have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the city will be granted.

(b)

Nonexclusive grant. No permit granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the city for delivery of telecommunications services or any other purpose.

(c)

Rights granted. No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property.

(d)

Exemption. Government-owned property is exempt from the minimum distance separation and height requirements set forth herein.

(Ord. of 9-25-06)