(A) A franchise agreement constitutes a contract between the franchisee and the city once it is accepted by the franchisee. A franchisee contractually commits itself to comply with the terms, conditions and provisions of the franchise agreement and with all applicable laws, ordinances, codes, rules, regulations, and orders.
(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 that:
(1) It accepts and agrees to all the provisions of this chapter and any supplementary specifications, as to construction, technical standards, operation and maintenance which the city may include in the franchise agreement.
(2) It has examined all the provisions of this chapter and waives all claims that any provisions hereof are unreasonable, arbitrary or void.
(3) It recognizes the right of the city to make reasonable amendments to this chapter during the term of the franchise upon thirty (30) days notice to the franchisee, or without notice with respect to an emergency amendment. It further recognizes and agrees that the city shall in no way be bound to renew the franchise at the end of any franchise term.
(4) It recognizes and agrees that it may be considered as a licensee for the purposes of this chapter.
(5) It expressly recognizes and agrees that it had considered all the provisions of this chapter in regard to renegotiation and "resolution of disputes", and agrees to be bound by same throughout the term of the franchise.
(C) No franchise agreement 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.
(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 (except that no such conditions or provisions, shall be such as to conflict with any provisions of this chapter or any other law). In the case of a conflict, or ambiguity between any terms or provisions of the franchise agreement and this chapter, the words of this chapter shall be deemed to control unless the franchise agreement expressly provides to the contrary.
(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 heirs and assigns.
(Ord. 90-11-15, passed 11-15-90; Am. Ord. 94-10-6, passed 10-6-94)