§ 26-90. Franchise agreement.

(a)

Every grantee shall agree to the terms and provisions of a franchise agreement as negotiated between the grantee and the grantor.

(b)

In addition to those matters required elsewhere in this article to be included in the franchise agreement, each franchise agreement must contain the following express representations by each grantee:

(1)

Grantee has examined all of the provisions of this article and accepts and agrees to all of the provisions of this article, as it exists as of the effective date of the grantee's franchise agreement, except as set forth in section 26-88(d) hereof and any supplementary specifications as to construction, operation, or maintenance of the system which the city may include in the franchise agreement, unless otherwise agreed in the applicable franchise agreement.

(2)

Grantee recognizes, unless otherwise agreed in the applicable franchise agreement, the right of the city to adopt such additional regulations of general applicability as it shall find necessary in the exercise of its police power.

(c)

Every franchise agreement shall contain such further conditions or provisions as may be negotiated between the city and a grantee, except that no such conditions or provisions shall be such as to conflict with any provisions of state or federal law. In case of any conflict or of any ambiguity between any terms or provisions of a franchise agreement and this article, the provisions of the franchise agreement shall control.

(Ord. No. 2002-78, § 1, 12-3-02)