§ 3. Term And Amendment  


Latest version.
  • A. Term. This franchise ordinance shall be effective from its effective date for a term of five (5) years. Thereafter, upon option of the Franchisee, this franchise ordinance will renew for three (3) additional five (5) year terms, subject to the right of either party to renegotiate any provision of the Franchise by giving notice at least one hundred and eight (180) days before the termination of the then current term. The additional terms shall be deemed a continuation of this franchise and not as a new franchise or amendment.

    B. Amendment.

    (1) Upon written request of either the City or Franchisee, the Franchise may be reviewed at any time after the effective date and either the City or Franchisee may propose amendments to any provision of the Franchise by giving thirty days written notice to the other of the amendment(s) desired. The City and Franchisee shall negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s).

    (2) Upon written request of either the City or Franchisee, the Franchise shall be reopened and renegotiated upon notice of the exercise of an option under Section 3(A) or at any time upon any change in federal, state, or local law, regulation, or order which materially affects any rights or obligations of either the City or Franchisee, including but not limited to the scope of the grant to the Franchise or the compensation to be received by the City.

    (3) Amendments to this Franchise, if any, shall be made by ordinance as prescribed by statute. The franchise ordinance shall remain in effect according to its terms pending completion of any review or renegotiation provided by this section.