Indianapolis-Marion County Revised Code § 645-231 Minimum terms and conditions.
Sec. 645-231. - Minimum terms and conditions.
A public rights-of-way user franchise agreement shall be negotiated to contain, at a minimum, the following terms and conditions:
(1) The duration of the franchise;
(2) The method and means for renewal;
(3) The terms of termination of the franchise, including:
a. Criteria under which the city-county council may terminate the franchise prior to the end of the franchise term; and
b. Rights and obligations of both parties with regard to abandonment of the franchise prior to the end of the franchise term;
(4) The rights and obligations of both parties upon the desire of the franchise holder or its successor to sell or transfer the franchise to another person or entity;
(5) The specific geographic area covered by the franchise;
(6) The terms and conditions under which the area covered by the franchise may be extended;
(7) The schedule of rates and charges for services provided using the facilities occupying the public rights-of-way;
(8) A description of any services or facilities proposed for consolidated city's use;
(9) The method and means of valuation of such facilities upon sale, right of first refusal, on refusal to renew or other termination;
(10) The methods and means, standards, and requirements for construction within the public rights-of-way;
(11) The rights and obligations of the parties upon the determination of a need to relocate the franchise holder's facilities in the public rights-of-way;
(12) The risk allocation between the consolidated city and the franchise holder, including rights to indemnification; and
(13) The franchise fee, both the amount and the method of payment.
(G.O. 85, 1998, § 1)
