Sec. 80-41Terms and conditions of franchise

The terms and conditions applicable to any franchise granted pursuant to this article shall be set forth in the separate ordinance granting the franchise or in a separate written agreement. Such separate ordinance or written agreement, among other things, shall address the following subjects:

(1) The term of the franchise;

(2) The franchise area and the cable services which are the subject of the franchise;

(3) The compensation to be paid to the city, which may include the payment of fees or the provision of facilities or services, or both;

(4) The circumstances upon which the franchise may be terminated or canceled;

(5) The mechanisms, such as performance bonds, security funds, or letters of credit, to be put in place to ensure the performance of the grantee's obligations under the franchise;

(6) The city's rights to inspect the facilities and records of the grantee;

(7) Insurance and indemnification requirements applicable to the grantee;

(8) The obligation of the grantee to maintain complete and accurate books of account and records, and the city's inspection rights with respect thereto;

(9) Provisions to ensure quality workmanship and construction methods;

(10) Provisions to ensure that the grantee will comply with all applicable city, state, and federal laws, regulations, rules, and policies, including, without limitation, those related to employment, purchasing, and investigations;

(11) Provisions to ensure adequate oversight and regulations of the grantee by the city;

(12) Provisions to restrict the assignment or other transfer of the franchise without the prior written consent of the city;

(13) Remedies available to the city to protect the city's interest in the event of the grantee's failure to comply with terms and conditions of the franchise;

(14) Provisions to ensure that the grantee will obtain all necessary licenses and permits from, and comply with, all laws, regulations, rules, and policies of any governmental body having jurisdiction over the grantee, including, but not limited to, the Federal Communications Commission;

(15) Provisions to ensure that the grantee will protect the property of the city and the delivery of public services from damage or interruption of operations resulting from the construction, operation, maintenance, repair, or removal of improvements related to the franchise;

(16) Provisions designed to minimize the extent to which the public use of the streets of the city are disrupted in connection with the construction of improvements relating to the franchise; and

(17) Such other provisions as the city determines are necessary or appropriate in furtherance of the public interest.

History: (Ord. No. 00-06, § 2.7, 12-5-2000)