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(A) Declaration of findings. The city hereby declares as a legislative finding that the rights-of-way within the city:
(1) Are a unique and physically limited resource;
(2) Are critical to the travel and transport of persons and property in the city; and
(3) Are intended for public uses and must be managed and controlled consistent with that intent; and
(4) Can be partially occupied by the facilities of utilities and public service entities, to the enhancement of the health, welfare, and general economic well being of the city and its citizens; and
(5) Require adoption of the specific additional regulations established by this chapter to ensure coordination of users, maximize available space, reduce maintenance and costs to the public, and facilitate entry of a maximum number of providers of communications and other services in the public interest.
(B) Title. This chapter may be referred to and cited as the "Communications Services Franchise Ordinance".
(C) Applicability. The requirements of this chapter shall apply to the full extent of the terms herein and shall be limited in scope or application only to the extent as may be required by applicable federal or state law, including such changes in applicable law as may be hereinafter enacted. No provisions of this chapter shall be disregarded pursuant to this subsection except on express application to and determination by the city to such effect based on the specific factual circumstances demonstrated. The provisions of this chapter shall be deemed incorporated in each communications franchise granted.
(D) Preservation of authority. Any rights granted pursuant to this chapter and pursuant to any franchise authorized hereunder are subject to the authority of the city to adopt and enforce chapters necessary to the health, safety, and welfare of the public. Franchisees and other holders of franchises shall be subject to and comply with all applicable laws enacted by the city pursuant to its home rule or statutory powers, to the extent not in conflict with state or federal law. Nothing in this chapter shall be deemed to waive a right, if any, that any party may have to seek judicial or regulatory review as to the provisions herein or as to actions of the parties under applicable federal, state, or local law currently in effect or as may hereinafter be amended.
(E) Public inspection of records. Certain information required to be filed with the city pursuant to this chapter is subject to inspection and copying by the public pursuant to the provisions of the Kentucky Open Records Act, KRS 61.870 et seq.
(F) Indemnification. As a condition of use of the rights-of-way, each franchisee at its sole cost and expense, shall indemnify, protect, defend (with counsel acceptable to the city) and hold harmless the city, its elected officials, officers, employees, and agents, from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and expenses of any kind, including, without limitation, reasonable attorney's fees and costs of defense arising, directly or indirectly, in whole or in part, out of or in relation to the city's award of the franchise, the rights granted to the franchisee, or the activities performed, or failed to be performed, by such franchisee under the franchise or use of the rights-of-way, except to the extent such acts or use arise from or are caused by the gross negligence or willful misconduct of the city, its elected officials, officers, or employees. This indemnification shall survive the expiration or termination of any franchise or use of the rights-of-way.
(G) Compliance with laws. In performing activities and exercising its rights and obligations under any franchise, each franchisee and other holder of a franchise shall comply with all applicable federal, state and local laws, ordinances, regulations and policies, including, but not limited to, all laws, ordinances, regulations and policies relating to construction and use of public property.
(H) Enforcement; attorneys' fees. The city shall be entitled to enforce this chapter and any franchise through all remedies lawfully available, and each franchisee shall pay the city its costs of enforcement, including but not limited to reasonable attorneys' fees, in the event that franchisee is determined judicially to have violated the terms of this chapter or any franchise.
(I) Relationship of the parties. Under no circumstances shall any franchise authorized by this chapter be construed to create any relationship of agency, partnership, joint venture, or employment between the parties.
(Ord. 05-13, passed 4-26-05)