711.04  LIMITATIONS OF FRANCHISE.
   (a)   As to rates, charges, service facilities, rules, regulations or in any other respect, the grantee shall not make or grant any undue preference or advantage to any subscriber or nonsubscriber nor subject any person to prejudice or disadvantage.
   (b)   Any franchise granted hereunder shall be a privilege to be held for the benefit of the public by the grantee.  Such franchise cannot in any event, be sold, transferred, leased, assigned or disposed of in whole or part, either by forced or voluntary sale, merger, consolidation, mortgage, trust or any other means without the prior consent of the City expressed by a Council resolution and then only under such conditions as Council may establish.  Such an approval shall not be unreasonably withheld by the City.
   (c)   Prior approval of Council shall be required where ownership or control of more than thirty percent (30%) of the right of control of the grantee is acquired by a person or group of persons acting in concert, none of whom already owns or controls thirty percent (30%) or more of such right of control, singly or collectively.  Such an approval shall not be unreasonably withheld by the City.
   (d)   The grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or its regulations.
   (e)   The grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the police power by the City and shall comply with any and all ordinances which the City has adopted or shall adopt applying to the public generally and to other grantees.
   (f)   Time shall be of the essence of any franchise granted hereunder.  The grantee shall not be relieved of his obligations to comply promptly with any provision of this chapter by the failure of the City to enforce prompt compliance.
   (g)   During the period of the franchise, the grantee, or any of his affiliated subsidiary, parent organizations, shareholders, officers or directors shall not, within the corporate limits of the City or within ten miles in any direction, engage in the retail sale, renting, leasing or repairing of radio or television receivers or any appurtenances thereof.
   (h)   Any franchise granted hereunder shall not relieve the grantee of any obligation involved in obtaining pole or conduit-use agreements both from the City and the telephone company, or others maintaining poles or conduits in the streets of the City, whenever the grantee finds it necessary to make use of such poles or conduits.
   (i)   Any poles, cable, electronic equipment or other appurtenances of the grantee to be installed in, under, over, along, across or upon a street shall be so located so as to cause minimum interference with the public use of the streets and to cause minimum interference with the rights of other users of the streets or of property owners who adjoin any of the streets.  All such installations shall be subject to the prior approval of the City Engineer.
   (j)   In the event of disturbance of any street by the grantee, he shall, at his own expense and in a manner approved by the City Engineer, replace and restore such street in as good a condition as before the work causing such disturbance was done.
   (k)   The grantee shall construct, maintain and operate his network so as to cause minimum inconvenience to the general public.  All excavations shall be properly guarded and protected and shall be replaced and the surface restored promptly after completion of the work.  The grantee shall at all times comply with all excavation ordinance requirements of the City.
   (l)   The grantee shall, upon reasonable notice from any person holding a building moving permit issued by the City, temporarily alter his facilities to permit the moving of such building.  The actual cost of such altering shall be borne by the person requesting the altering and the grantee shall have the right to request payment in advance.  For the purpose of this section reasonable notice shall be construed to mean at least forty-eight hours prior to the move.
(Ord. 29-1972.  Passed 3-5-73.)