(A) No franchise granted pursuant to this chapter shall convey any right, title or interest in the public rights-of-way, but shall be a non-exclusive grant to use and occupy the public rights-of-way for the limited purposes, terms and conditions provided in the franchise agreement.
(B) The rights of any franchise agreement granted hereunder are limited to the right to use the public rights-of-way for the provision of services as defined herein. Nothing in the franchise shall be construed to prevent the city from grading, paving, repairing and/or altering any public rights-of-way, constructing, laying down, repairing, relocating or removing city infrastructure or establishing any other public work, utility or improvement of any kind, including repairs, replacement or removal of any city infrastructure. If a franchisee’s facilities interfere with the construction, repair, replacement, alteration or removal of any public rights-of-way, public work, city utility, city improvement or city infrastructure, except those used to provide competing services, such facilities shall be removed or relocated as provided in §§ 91.097 and 91.098, in a manner acceptable to the city and consistent with industry standard engineering and safety codes.
(C) Application to franchise agreements adopted after this chapter. A franchise agreement granted hereunder shall at all times comply with the requirements of this chapter unless this chapter expressly authorizes different franchise agreement terms. In this chapter, such authorization is indicated by the introductory phrase, “unless otherwise specified in an unexpired franchise agreement...”. In the event of a conflict between this chapter and a franchise agreement adopted after this chapter, this chapter shall prevail.
(D) Application to franchise agreements adopted prior to this chapter. To the extent that this chapter can be implemented consistently with unexpired franchise agreements adopted prior to this chapter, this chapter shall prevail. To the extent that this chapter cannot be implemented consistently with an unexpired franchise agreement adopted prior to this chapter, the terms of the unexpired franchise agreement shall prevail.
(Ord. 1326, passed 4-3-2017)