5.03.020 Franchise Agreements

5.03.020 Franchise Agreements.

(1) Provo City may, by written agreement, grant one or more nonexclusive franchises for use of public streets, public easements, and ways. Said agreements to take the form of both contract and uncodified municipal ordinance.

(2) Whenever it is necessary for any person or company to obtain a franchise from Provo City pursuant to Subsection (1) of this Section, or to obtain an extension or renewal thereof, the applicant shall furnish to the City Recorder, for the use of the City administration and Municipal Council, ten (10) copies of a proposed franchise agreement, resolution, or ordinance, and pay to the City treasury a fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.

(3) Unless the Municipal Council shall otherwise consent by resolution, each agreement granting a franchise shall include, but not be limited to, provisions relating to the following:

(a) The term of the franchise;

(b) The amount of any franchise fee or other fee(s) to be paid for use of the public streets and ways;

(c) The rights and limitations on the use by the franchise of City owned or controlled streets, easements or electrical poles;

(d) Public, or governmental use, if any, of the franchised system either in an emergency or through the power of eminent domain;

(e) A description of the area or customers who are to be served by the franchisee, including obligations, if any, to expand service; and

(f) An acknowledgment that the franchisee is and agrees to be subject to the provisions of Subsection (7) of this Section.

(4) To facilitate the negotiation of franchise agreements, the Provo Municipal Council grants unto the Mayor and the Mayor’s representatives the authority to negotiate the terms and conditions of franchise agreements with any applicant subject to final consent and approval by the Provo Municipal Council.

(5) No franchise contract shall take effect until it has been approved by the Municipal Council.

(6) Any franchise granted pursuant to this Section shall remain subject to the right of the Municipal Council to adopt, from time to time, regulations by ordinance relating to the following:

(a) The commencement, interruption or discontinuation of customer service;

(b) The quality of service received by customers;

(d) The handling of customer complaints.