The City of Española may permit any person, firm or corporation
to operate a franchise for the following purposes:
A.
To construct, maintain and operate a natural gas system; or
B.
To construct, maintain and operate and operate a telephone system;
or
C.
To construct, maintain and operate a CATV system; or
D.
To construct, maintain and operate an electrical distribution and
transmission system; or
E.
To construct, place or maintain pipes for the operation of a water
plant or water distribution system; or
F.
To construct, place or maintain a wastewater treatment facility and
affiliated collection system; or
G.
To operate maintain or otherwise conduct a solid waste collection
business; or
H.
To utilize the public rights-of-way for the purpose of conducting
any business that is not prohibited by law.
A.
B.
Franchise requirements. If the City Council permits a franchise for any activity specified in § 204-10 of this article, such franchise shall be subject to the following provisions:
(1)
All contracts granting or giving any such original franchise, right
or privilege, or extending or renewing or amending any existing grant,
right, privilege or franchise to engage in such franchise, shall be
made by ordinance, and not otherwise.
(2)
A franchise complying with the provisions of the Act shall be deemed
reasonable and shall be adopted by the City Council, absent a showing
that approval of the franchise violates public health, safety and
welfare.
(3)
No contract, grant, right, privilege or franchise to engage in such
an activity, hereafter granted, shall be extended for a period of
time not more than 10 years from the date of such grant or extension.
Options for renewal may be negotiated within individual agreements.
(4)
Any contract, grant, right, privilege or franchise to engage in such
activity hereafter granted shall include a mid-term review, not to
exceed five years from the date of approval of the franchise. The
intent of this provision is to ensure compliance with all aspects
of the franchise agreement as approved.
(5)
No person, firm or corporation shall be granted any exclusive franchise,
right or privilege whatsoever. All franchise contracts shall remain
competitively neutral and may not be unreasonable or discriminatory.
(6)
No such grant, right, privilege or franchise shall be made to any
person, firm, corporation or association unless it provides for adequate
compensation or consideration therefor to be paid to the City. Such
grantee shall pay annually such charge as may be prescribed in the
franchise ordinance.
(7)
A franchise agreement shall have the following provisions:
(b)
That the franchise agreement is transferable; however, should
the franchisee be sold or control of the original company be merged
with another company, a new agreement may be required at the discretion
of the City Council, which is not under any obligation to approve
said transfer.
(c)
That the franchisee submit an economic development plan showing
how the utility company proposes to further the economic development
goals of the City of Española. Such plan shall indicate, at
minimum, the number of employees currently serving the City of Española,
the number of new employees planned, if any, and any capital improvements
intended to be placed within the City of Española, as well
as any explanation as to any deficits from previous years. This is
intended to be used as a development tool for the City of Española
in conjunction with its own infrastructure capital improvements plan.
(e)
That the utility company schedule a meeting to discuss improvements
to be considered within the City, such list to be presented biannually.
The improvement list shall be utilized to coordinate repairs, maintenance
and new service areas within the City by all affected utility companies
and the City of Española, thereby providing for proper infrastructure
planning and providing minimal impact to municipal rights-of-way.
C.
A contract franchise must be competitively neutral and may not be
unreasonable or discriminatory.
D.
No franchise shall be denied or revoked without reasonable notice
and an opportunity for a public hearing before the City governing
body.