The franchise agreement shall be in such form and contain such terms
and provisions as shall be approved by the City Commission. The agreement
may be adopted, and amended, by resolution of the City Commission or by any
other mode of adoption or amendment authorized or required by law.
A grantee shall be awarded a franchise, pursuant to the provisions of § 222-5 of this chapter, either by resolution of the City Commission or by any other means authorized or required by law. The grantee shall be promptly notified of the award by the City by written notice thereof, sent by registered or certified mail, which notice shall be accompanied by one or more copies of the franchise agreement.
[Amended 8-16-1982 by Ord. No. 82-7; 6-16-1997
by Ord. No. 97-7]
A.
The franchise agreement shall be properly executed and
delivered to the City by the grantee on or before 15 days after the date the
City sends written notice of the award to the grantee, which fifteen-day period
may be extended by the City Commission for good cause; provided, however,
that the franchise agreement shall not become effective until that specific
date set forth in the franchise agreement.
B.
At the time of delivery of the franchise agreement by
the grantee to the City, the grantee shall pay to the City all costs incurred
by the City in the franchise process. All other payments which are to be made
to the City by the grantee shall be made in accordance with the terms and
conditions of the franchise agreement.
C.
At the time of delivery of the franchise agreement as
provided in this section, the grantee shall also deliver all other monies
and all documents and instruments required by this chapter or by the franchise
agreement.
[Amended 6-16-1997 by Ord. No. 97-7]
Upon timely receipt by the City from the grantee of the properly executed franchise agreement, together with the acceptance fee and such other monies, documents and instruments as may be required in accordance with § 222-10 of this article, the City may execute the agreement and, upon execution thereof, shall deliver one fully executed copy to the grantee; provided, however, nothing herein shall prohibit the City from revoking the award of the franchise prior to delivery of an executed copy of the franchise agreement to the grantee. In the event of any such revocation, which shall be accomplished in the same manner as that used in granting the award, any funds and all documents and instruments delivered by the grantee to the City in connection with the grantee's acceptance of the award shall be returned forthwith to the grantee.
[Amended 8-16-1982 by Ord. No. 82-7; 6-16-1997
by Ord. No. 97-7]
A.
The franchise agreement shall provide for a nonexclusive
franchise for a term which shall commence as of the date set forth in the
franchise agreement.
B.
The franchise agreement shall provide that, throughout
the term of the franchise, the grantee shall pay the City a franchise fee
within 90 days after the end of each fiscal year of the grantee. The fee shall
not be less than 5% of the grantee's gross revenues for each year. The grantee
shall take any action with respect to any federal or state agency which may
be necessary or appropriate to make the payment and receipt of such fees lawful.
Acceptance of any payment by the City shall not be construed as a release
of or as an accord and satisfaction regarding any claim the City may have
for further and additional sums payable as a franchise fee or for the performance
of any other obligation of the grantee under this chapter or the franchise
agreement.
C.
Unless otherwise provided in its franchise agreement,
a grantee shall agree:
(1)
That the grantee agrees to and accepts all provisions
of this chapter and waives any claim that any provision hereof is unreasonable,
arbitrary, invalid, or void.
(2)
That the grantee recognizes the right of the City to
make amendments to this chapter, during the term of the franchise pursuant
to the terms and conditions of the franchise agreement.
[Amended 6-16-1997 by Ord. No. 97-7]
The franchise agreement shall contain such further conditions or provisions
as may be negotiated between the City and the grantee except that no such
conditions or provisions shall conflict with any provision of the City Charter,
this chapter or other law in effect on the date of the franchise agreement.
In the case of such conflict, the provisions of the City Charter, this chapter
or other law shall prevail over the conflicting provision of the franchise
agreement.
[Amended 8-16-1982 by Ord. No. 82-7; 6-16-1997
by Ord. No. 97-7]
Unless otherwise provided in the franchise agreement in question:
A.
Any franchise granted pursuant to this chapter shall
be subject to the right of the City, by resolution of the City Commission,
to revoke the franchise for just cause. Just cause shall include, without
limitation:
(1)
A material violation by the grantee of any provision
of the franchise agreement or this chapter, or any rule, order, or determination
of the City made pursuant thereto, where such violation shall remain uncured
pursuant to the terms and conditions of the franchise agreement.
(2)
Any attempt by grantee to dispose of any of the facilities
or property of the system in contravention of the franchise agreement.
(3)
The commission of any fraud or deceit upon the City.
B.
Any franchise granted hereunder shall be subject to all
applicable provisions of the City Code made pursuant to the police power of
the City, the City Charter, and any amendments thereto, whether made prior
to or after the inception of the franchise.
C.
Any franchise granted hereunder shall be subject to the
following additional rights of the City:
(1)
To require proper and adequate extension of plant and
service and maintenance thereof at the highest practicable standard of efficiency,
pursuant to the terms and conditions of the franchise agreement.
(2)
To establish reasonable standards of service and quality
of products, and to prevent unjust discrimination in service or rates.
(3)
To require continuous and uninterrupted service to the
public in accordance with the terms of the franchise throughout the entire
period thereof.
(4)
To impose such other regulations as may be determined
by the City Commission to be conducive to the health, safety and welfare of
the public.
(5)
Through its appropriately designated representatives,
to inspect all construction or installation work performed subject to the
provisions of the franchise and this chapter and make such inspections as
it shall find necessary to insure compliance with the terms of the franchise,
this chapter and other pertinent provisions of law.
(6)
At the expiration of the term for which a franchise is
granted or upon termination and cancellation as provided therein, to require
the grantee to remove at the grantee's sole expense any and all portions of
the system from the public ways within the City.
(7)
To require the grantee to safeguard and keep private
all individual home subscriber information.
[Amended 6-16-1997 by Ord. No. 97-7]
Unless otherwise provided in the franchise agreement in question, any
termination or cancellation of a franchise prior to the expiration of the
term thereof shall be made by resolution of the City Commission only after
a public hearing thereon. The grantee shall be entitled to 30 days' written
notice of such hearing, and the notice shall specify with reasonable particularity
the grounds upon which the contemplated termination is based. Any such termination
shall be subject to any requirements of higher law and any limitation contained
in the franchise agreement between the City and the grantee.
[Amended 6-16-1997 by Ord. No. 97-7]
Any breach by the grantee of the franchise agreement, in addition to
constituting a breach of contract, shall constitute a violation of this chapter.
The reasonable costs of any litigation, including attorney fees, incurred
by the City to enforce this chapter or franchise granted pursuant hereto shall
be reimbursed to the City by the grantee, in respect of such litigation or
part thereof in which the City is the prevailing party.
