(A) Every franchisee shall enter into a franchise agreement with the city which details the rights, duties, responsibilities, and liabilities of both parties, and which contains an acceptance on the part of the applicant or franchisee to the terms of this chapter, the franchise agreement itself, and the submitted proposal (including supplemental agreements or verbal or written commitments or guarantees).
(B) In addition to those matters required elsewhere in this chapter to be included in the franchise agreement, it must contain the following express representations of the franchisee:
(1) It accepts and agrees to all the provisions of this chapter except as to requirements the franchise agreement may specifically exclude or modify. Otherwise, in the event of any conflict between provisions in the franchise agreement and this chapter, the chapter provision shall govern; and
(2) It recognizes the right of the city to make reasonable amendments to the ordinance during the term of the franchise pursuant to normal legislative procedures, including 30-days’ notice to the franchisee, or without notice with respect to an emergency amendment. The amendments shall not affect the contractual obligations of the franchisee during the term of the franchise agreement.
(C) No franchise shall be exclusive.
(D) Every franchise agreement shall specifically set forth the specific standards which the franchisee must maintain in respect to signal quality requirements and technical standards of construction, operation, and maintenance of the system, subject to any superseding FCC requirements.
(E) The franchise agreement shall contain such further conditions or provisions as may be included in the request for proposal and/or negotiated between the city and the franchisee.
(F) Any application filed for a franchise shall become a part of the franchise agreement and any representations, promises, commitments, or volunteered parameters and/or standards shall become binding upon the franchisee and its assigns unless the franchise agreement explicitly specifies otherwise.
(Ord. 96-9, passed 2-26-1996)