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(a) Application for franchise. Any applicant desiring a franchise to occupy the streets and other municipal rights-of-way of the city to operate facilities to provide competitive telecommunications services shall file an application with the department of information services in the form prescribed by the department and pay the filing fee prescribed by this chapter. Such application shall be processed in accordance with paragraph (b) of this subsection and Section 7B-29 below.
(b) Franchise election. Upon finding that the application is in good order, the department of information services shall promptly notify the applicant of its determination and advise it to pay a franchise election fee to the city clerk in an amount to be determined by the city clerk within a specified number of days thereafter. Upon the city clerk's receipt of the fee, the city clerk shall cause a franchise election to be scheduled at the next date as determined by the mayor and council.
(c) Franchise agreement. Within sixty (60) days after notification of acceptance of the terms of the franchise by the city, the applicant shall execute a franchise agreement which shall set forth the terms and provisions of the franchise and which shall be submitted to the electorate pursuant to subsection (b) above. The franchise agreement shall be subject to all provisions of this chapter and shall incorporate all terms and provisions included in the applicant's proposal. In case of any conflict or ambiguity between the terms of the franchise agreement and this chapter, that provision which provides the greatest benefit to the city, in the sole opinion of the city, shall govern. The franchise agreement may be amended only in writing upon mutual agreement between the city and the franchisee and upon approval of the electorate; provided, however, that the city reserves the right to amend this ordinance to reflect or accommodate local concerns, changes in the Arizona Revised Statutes and rules or orders of the Arizona Corporation Commission or the Federal Communications Commission pertaining to telecommunications services and providers and to conform any franchise issued hereunder accordingly.
(Ord. No. 8522, § 1, 6-12-95)