Franchises shall be subject to the following:
(a) By acceptance of a franchise, a grantee acknowledges and agrees that this chapter in whole is incorporated and made part of a franchise and the franchise shall be a binding contract; and
(b) In addition, the franchise must contain the following express representations by a grantee that:
(1) It accepts and agrees to all of the provisions of this chapter, and any supplementary specification, as to construction, operation or maintenance of the cable system offering cable service, which the city may include in the franchise subject to valid applicable state and federal law;
(2) It has examined all of the provisions of this chapter and agrees that the provisions thereof are valid, binding at this time, and enforceable as of the date of adoption of the franchise;
(3) A grantee’s rights and duties pursuant to this chapter and its franchise may not be materially altered or impaired without grantee’s prior written consent, which shall not be unreasonably withheld. The grantee recognizes the right of the city to adopt additional regulations of general applicability as it will find necessary in the exercise of the city’s police power to protect the health, safety and welfare of the citizens; and
(4) The franchise will contain those further conditions or provisions as are included in the applicant’s proposal and negotiated between the city and a grantee, except that no conditions or provisions will be such as to conflict with any provisions of this chapter or other valid applicable law. In case of a conflict or ambiguity between any terms or provisions of a franchise and this chapter, the franchise will control.
(1992 Code, § 44-24) (Ord. 104-09, passed 11-16-2009)