(A) The city and the company agree that the services provided pursuant to this ordinance are in an area of law undergoing significant review by state and federal authorities and that there is a real possibility that some of the terms of this ordinance may be preempted by state or federal law during the term of this ordinance. Therefore, the city and the company expressly agree that:
(1) The preempted terms of this ordinance, including the terms relating to the compensation to be paid, shall, in the sole discretion of the city, be subject to renegotiation one year from the effective date of this ordinance, and again, if the city desires, two years and three years from the effective date of this ordinance.
(2) In addition to and separate and apart from the provisions of division (1) above, in the event an earlier negotiation must occur in order to comply with newly enacted or decided federal or state law, such negotiation shall occur within a reasonable time after any request for renegotiation is issued by either the city or the company, or at such time as it becomes apparent that a portion of this ordinance has been preempted by state or federal law.
(B) By execution of this ordinance, the company agrees that upon the conclusion of any such renegotiations, the company will enter into any reasonably necessary amendments to this ordinance, and the company expressly agrees to waive any rights it may have under state law to refuse to renegotiate this ordinance as set forth in this section. It is further expressly agreed that any renegotiation and subsequent amendment shall not reduce the initial term of this franchise ordinance. In no event shall such renegotiations impose obligations on the company that similar service providers would not also be subject to. Further, if the city's right to impose a franchise is totally preempted, this ordinance is null and void.
(Ord. 50-1995)