(A) The applicant awarded a franchise by resolution of the Board of Commissioners shall execute a franchise agreement, agreeing to the terms and provisions of the franchise and request for proposal. In addition, the franchisee shall, within 30 days of the date of execution of the franchise agreement, submit his or her filing of an application for a certificate of compliance with the Federal Communications Commission. Failure of the selected applicant to execute an agreement within 30 days of the town’s demand therefor or failure to file an application for a certificate of compliance within the time herein required, shall be grounds for immediate revocation of any rights the applicant may have in the franchise.
(B) In addition to those matters required elsewhere in this chapter to be included in the franchise agreement, the agreement must contain the following express representations by the franchisee that it:
(1) Accepts and agrees to all of the provisions of this chapter and any supplementary specifications, as to construction, operation or maintenance of the system which the town may include in the franchise agreement;
(2) Has examined all of the provisions of this chapter and waives any claims that any provisions hereof are unreasonable, arbitrary or void;
(3) Recognizes the right of the town to make reasonable amendments to this chapter during the term of the franchise upon 60-days’ prior notice to the franchisee or without notice with respect to emergency amendments. It further recognizes and agrees that the town shall in no way be bound to renew the franchise at the end of any franchise term; and
(4) Recognizes and agrees that it may be considered a licensee for the purposes of this chapter.
(C) No franchise shall be exclusive.
(D) Every franchise agreement shall specifically delineate the territorial extent of the town in which the franchisee is authorized to operate.
(E) Every franchise agreement shall specifically set forth standards which the franchisee must maintain in respect to the following:
(1) Signal quality requirements; and
(2) Technical standards of construction, operation and maintenance of the system.
(F) The franchise agreement shall contain further conditions or provisions as may be included in the request for proposal or negotiated between the town and the franchisee, except that no conditions or provisions shall be such as to conflict with any provisions of this chapter or other law. In case of conflict or ambiguity between any terms or provisions of the franchise agreement and this chapter, the words of this chapter shall control.
(G) A breach by the franchisee of the franchise agreement, in addition to constituting a breach of contract, shall constitute a violation of this chapter.
(1988 Code, § 111.05) (Ord. passed 10-2-1979) Penalty, see § 10.99