ARTICLE 927
Franchise Agreement
927.01   Application.
927.02   Action required.
927.03   Hearing.
927.04   Right to refuse.
927.05   Fee limitation.
927.06   Franchise fee.
927.01 APPLICATION.
   A Franchise Application must be made to the City Clerk or Designee before any permits for conduits, poles, fiber optic cable, coaxial cable, communication cable, power lines, etc. will be granted. Franchise applications and samples of publications can be obtained from the City Clerk or Designee. No such franchise shall be granted within thirty days after the application has been filed, nor until an opportunity has been given any person interested in the granting or refusing of such franchise to be heard.
(Ord. 433. Passed 3-6-17.)
927.02 ACTION REQUIRED.
   The applicant of a franchise must also publish at least thirty days prior to the time when it is to be acted upon by such governing body, and where notice of such application, stating the object of such franchise, must be given by publication thereof as a Class II legal advertisement in compliance with the provisions of WV Code, Article Three, Chapter Fifty-Nine, for the publication area in the municipality where the franchise is to be granted. Proof of publication must be presented to the City Clerk or Designee before the application will be presented to the governing body for consideration.
(Ord. 433. Passed 3-6-17.)
927.03 HEARING.
   No such franchise shall be granted within thirty days after the application has been filed, nor until an opportunity has been given any person interested in granting or refusing of such franchise to be heard. (Ord. 433. Passed 3-6-17.)
927.04 RIGHT TO REFUSE.
   The City has the right to refuse any application because of a conflict with prior franchise agreements or interference with traffic-controlled cable, wastewater collector, gas or water pipes. (Ord. 433. Passed 3-6-17.)
927.05 FEE LIMITATION.
   Under the FCC’s Communications Act, calculation of franchise fees is limited to 5 percent of the company’s gross revenue.
(Ord. 433. Passed 3-6-17.)
927.06 FRANCHISE FEE.
   The grantee shall pay to the Franchising Authority (City of Westover) a franchise fee in an amount not less than 2% nor more than 5% of annual Gross Revenues received from the operations in the Franchise Area.
(Ord. 433. Passed 3-6-17.)