§ 138-134. Terms and conditions of franchise.

(a)

The terms and conditions applicable to any franchise granted pursuant to this article shall be set forth in the separate ordinance granting the franchise and/or in a separate written agreement. A franchise granted pursuant to this article shall not become effective until said separate ordinance becomes effective and any separate agreement is executed by both parties. Such separate ordinance or written agreement, among other things, shall address the following subjects:

(1)

The term of the franchise which shall not exceed five years with the option of the city to renew for two additional one year terms:

(2)

The franchise area and the telecommunications services to be offered;

(3)

The compensation to be paid to the city;

(4)

The circumstances upon which the franchise may be terminated or cancelled;

(5)

The mechanisms, such as performance bonds, security funds or letters of credit, which shall be required to ensure the performance of the franchisee's obligations under the franchise;

(6)

The city's right to inspect the facilities located in the right-of-way and records of the franchisee in order to ensure compliance with this article and the franchise;

(7)

Insurance and indemnification requirements applicable to the franchisee;

(8)

The obligation of the franchisee to maintain complete and accurate books of account and records of those matters pertinent to its obligations under the franchise, and the city's inspection rights with respect thereto;

(9)

Provisions to ensure quality workmanship and construction methods;

(10)

Provisions to ensure that the franchisee will comply with all applicable city, state and federal laws, regulations, rules and policies;

(11)

Provisions to ensure adequate oversight of the franchisee by the city;

(12)

Provisions to monitor changes in control of the franchisee and in the event the franchisee assigns, sells or otherwise disposes of the entirety of the rights and privileges in a franchise agreement, the assignee shall he obligated to negotiate an acceptable franchise agreement with the city.

(13)

Remedies available to the city to protect the city's interest in the event of the franchisee's failure to comply with terms and conditions of the franchise;

(14)

Provisions to ensure that the franchisee will obtain all necessary licenses and permits from, and comply with, all laws, regulations, rules and policies of any governmental body having jurisdiction over the franchisee, including the Federal Communications Commission;

(15)

Provisions to ensure that the franchisee will protect the property of the city and the delivery of public services from damage or interruption of operations resulting from the construction, operation, maintenance, repair or removal of improvements related to the franchise;

(16)

Provisions designed to minimize the extent to which the public use of the streets of the city are disrupted in connection with the construction of improvements relating to the franchise, including compliance with any coordinated construction schedules as may be established by the commissioner of the department of public works; and

(17)

Such other provisions as the city determines are necessary or appropriate in furtherance of this article and to effectively manage the public right-of-way, consistent with applicable law.

(Ord. No. 2001-22, § 2, 3-14-01; Ord. No. 2003-72, §§ 3, 7, 6-8-03)