§ 292-10. Terms and conditions of franchise.

A. 

The terms and conditions applicable to any franchise granted pursuant to this chapter shall be set forth in the separate ordinance granting the franchise and/or in a separate written agreement. A franchise granted pursuant to this chapter shall not become effective until said separate ordinance becomes effective and any separate agreement is executed by both parties. 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 telecommunications services to be offered.

(3) 

The compensation to be paid to the City, which shall include the payment of fees and/or the provision of facilities or services.

(4) 

The circumstances upon which the franchise may be terminated or cancelled.

(5) 

The mechanisms, such as performance bonds, security funds or letters of credit, to be put in place to ensure the performance of the franchisee's obligations under the franchise.

(6) 

The City's right to inspect the facilities and records of the franchisee.

(7) 

Insurance and indemnification requirements applicable to the franchisee.

(8) 

The obligation of the franchisee 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 Franchisee will comply with all applicable City, state and federal laws, regulations, rules and policies.

(11) 

The obligation of the franchisee to supply an engineering site plan showing the proposed location of the applicant's telecommunications system, including any manholes or overhead poles, the size, type and proposed depth of any conduit or other enclosures, and the relationship of the system to all existing poles, utilities, sidewalks, pavement, telecommunications systems, and other improvements in the streets, all of which shall be subject to approval by the appropriate City departments.

(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 franchisee's failure to comply with terms and conditions of the franchise.

(14) 

Provisions to ensure that the franchisee 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 franchisee, including the Federal Communications Commission.

(15) 

Provisions to ensure that the franchisee 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.

(17) 

Such other provisions as the City determines are necessary or appropriate in furtherance of the public interest, consistent with applicable law.