(A) The initial franchise period shall be for a period of ten years.
(B) After the franchise has been in existence five years, the city shall conduct an investigation and evaluation of the grantee and the system. Upon receipt of the results of the investigation and evaluation, the City Council, may, at its sole discretion grant an extension of the franchise terms for a period of five years following the expiration of the initial ten year period. If the City Council elects to grant such an extension, it shall notify grantee in writing and grantee shall have 30 days to accept or reject in writing the offer of extension. If grantee accepts the offer of extension, negotiations shall then commence between city and grantee concerning the terms of the franchise during the five year extension period.
(C) Grantee may apply for renewal of this franchise by making application to do so not later than 12 months prior to the expiration of the franchise. Said application shall be on forms provided by the city. If application for renewal is not made as herein set forth the franchise shall terminate at the end of the franchise period. Any renewal of the franchise shall not be for more than 15 years.
(D) Upon receipt of an application for renewal, the city shall, within six months, determine whether the grantee has satisfactorily performed its obligations under the franchise. In doing so, the city shall consider technical developments and performance of the system, programming, services offered, cost of services, compliance with provisions of the franchise ordinance, and annual reports made by grantee to the city and FCC.
(E) If the city determines a renewal of the franchise to be in the public interest, it shall so notify the grantee within six months of receipt of the application for renewal. Negotiations shall then commence between the city and the grantee regarding the terms of the franchise during the renewal period.
(F) Any decision by the city concerning extension or renewal of the franchise shall be in accordance with the then existing rules of the FCC, the Board, the city and all other applicable laws. Nothing in this code shall be construed to require extension or renewal of the franchise.
(G) The acceptance of any extension or renewal of the franchise by grantee shall be in writing and be within 30 days after Council action granting such extension or renewal. No extension or renewal shall be binding upon the city until its acceptance by the grantee. Such acceptance shall be construed to be an acceptance of, and consent to, all the terms, conditions, and limitations contained in the ordinance granting the franchise as well as of the provisions of the City Charter.
('77 Code, § 11.103(15)) (Am. Ord. 982, passed 11-9-81; Am. Ord. 1202, passed 6-25-90)