A. Any franchise granted under this chapter shall be nonexclusive.
B. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed in this chapter.
C. Any privilege claimed under such franchise by the grantee in any right-of-way or city pole or other public property shall be subordinate to any prior lawful occupancy of the rights-of-way, city pole, or public property by any other party. The city shall be judge in determining such claims. The city reserves the right to maintain and to operate its facilities in such manner as will best enable it to fulfill its own service requirements. The city shall not be liable to the grantee for any interruption to the grantee's service or for any interference with the operation of the grantee's equipment arising in any manner from the use of any right-of-way, pole, or facility thereon by the city.
D. A franchise granted pursuant to this chapter shall not be sublet or assigned, nor shall any of the rights or privileges therein granted or authorized be leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except grantee, either by act of the grantee or by operation of law, without the prior written consent of the grantor, which shall not be unreasonably withheld. The granting of such consent shall not render unnecessary any subsequent consent.
E. The grantee shall promptly notify the grantor of any proposed change in control of the grantee with respect to control shall make the franchise null and void unless and until the grantor shall have consented thereto. For the purpose of determining whether it will consent to such change, transfer, or acquisition of control, the grantor may inquire into the qualifications of the prospective controlling party, and the grantee shall assist the grantor in any such inquiry. The grantor may condition such transfer upon the terms and conditions it deems reasonably appropriate.
F. For the purpose of this section, a presumptive change in control will exist upon sale and transfer of thirty percent or more of the grantee's ownership stock or other control.
G. The grantee, at least sixty (60) days prior to any transfer or change in control as described in this section, shall deliver to Grantor information concerning the definitive transfer or sales agreement, and concerning the transferee or proposed controlling entity, as reasonably appropriate. Upon closing of any such sale or change of control, and if requested by Grantor, Grantee shall deliver to Grantor a certified copy of the document or documents evidencing such transfer of change of control.
H. Every such transfer as heretofore described, whether voluntary or involuntary, shall be deemed void and of no effect unless grantee shall have filed such certified copy as is required and grantor has given approval.
I. If the grantee shall violate this section, or fail to obtain grantor consent, all of the revenues of the system from the date of violation until the date of consent, if any, shall be returned to system's subscribers, on a prorated basis, upon written notice to the grantee from the grantor. Furthermore, any transfer in violation of this section shall be void ab initio.
J. Time shall be of the essence in any franchise granted hereunder. The grantee shall not be relieved of its obligations to comply promptly with any of the provisions of this chapter or by failure of the city to enforce prompt compliance.
K. Any right, or power in, or duty impressed upon, any officer, employee, department or board of the city shall be subject to transfer by the city to any other officer, employee, department, or board of the city.
L. 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 enforcement.
M. The grantee shall be subject to all provisions, rules, regulations, and conditions prescribed by federal, state, city, and local law theretofore or hereafter enacted or established during the term of any franchise granted under this chapter; provided, that with respect to city and local law, that such laws do not materially increase the burdens and obligations assumed by the grantee nor materially diminish the rights of the grantee pursuant to such grantee's franchise agreement.
N. Any such franchise granted shall relieve the grantee of any obligation involved in obtaining pole space from the city and shall be in lieu of any obligation to obtain an encroachment permit for installation of any of the grantee's property on the rights-of-way. However, it shall not relieve the grantee from the obligation imposed in any encroachment permit.
(Ord. 505 § 1(part), 1987).