Sec. 711.306. - Franchise agreement term, conditions and form.

(a) Term. The franchise agreement shall be granted for a term expiring on December 31 of the next even numbered year, with the initial term being from the date of execution by the Director until December 31 of said even numbered year, renewable thereafter for two-year periods. In the event that the grantee desires a term of years in excess of the renewable biannual terms set forth herein, said franchise shall be subject to approval of the City Council. (b) Conditions. Each franchise agreement shall be conditioned upon the faithful performance of all duties and requirements imposed by existing law, this Chapter, and rules established by the Department (including, but not limited to rules pertaining to City projects on City-owned properties and rights-of-way which require the person, in a timely manner, to: 1. participate in design coordination meetings when either the City's project or the person's occupancy will be impacted; 2. provide accurate horizontal and vertical information on the person's facilities to assist in design phase and construction phase conflict resolution; 3. assist the City in developing utility relocation schedules; and 4. reimburse the City for delay costs resulting from the person's failure to relocate their facilities within the time frame provided herein or in the project relocation schedule). Failure to so perform including, but not limited to not making or reimbursing the costs of all necessary repairs to City property resulting from damage caused by the person's installation and maintenance of facilities covered by an occupancy agreement, failure to abide by Department rules, not being current in the payment of all applicable franchise fees, etc., shall be grounds for the Director to notify the person that their occupancy agreement will not be renewed and that all authorization to occupy City rights-of-way shall terminate and all installations be removed within 90 days of said written notice. (c) Form. The form of the franchise agreement shall be as adopted and approved by the Director (pursuant to the rule adoption process of Part 5 of this Chapter) and on file with the Council Secretary. Revisions to the form shall be placed on file with the Council Secretary and any outstanding occupancy agreements shall be made subject to said revisions upon their renewal. The form shall be sufficient to provide the Department with all information needed to monitor and protect the safety of City rights-of-way and may be coordinated with other City Code permitting requirements and the indemnification and insurance requirements pursuant thereto or to Part 2 hereof. (Ord. 2001-427-E, § 2)