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(A) Any franchise granted under this chapter shall not be exclusive and the city reserves the right to grant a similar use of such public ways to any person at any time during the period of this franchise.
(B) A franchise governed under this chapter shall be granted by a separate ordinance following a competitive bidding procedure; except in the case of a renewal as outlined in § 725.04. Any proposal submitted to the city which is accepted by ordinance of Council is subject to enforcement under this chapter and § 725.99 Penalty shall apply. This includes any item(s) which are freely offered by the grantee and which may have formed the basis for selection over other interested bidders, even though the item(s) was (were) not specifically requested by the city in this chapter.
(C) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.
(D) Any privilege claimed under any such franchise by the grantee in or upon any public way shall be subordinate to any prior lawful occupancy of the public way.
(E) (1) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of Council expressed by ordinance, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Manager within 30 days after any such transfer or assignment.
(2) The consent of Council may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.
(F) Time shall be of the essence in any such franchise granted hereunder. The grantee shall not be relieved of his or her obligation to comply promptly with any of the provisions of this chapter or by any failure of the city to enforce prompt compliance.
(G) Any right or power, or duty impressed upon, any officer, employee, department or board of the city shall be subject to transfer of the city to any other officer, employee, department or board of the city.
(H) (1) The City Manager may, from time to time, issue such reasonable rules and regulations concerning the construction, operation, and maintenance of the system as are consistent with the provisions of this chapter.
(2) The grantee shall construct, operate and maintain the system subject to the supervision of all of the authorities of the city who have jurisdiction in such matters and in strict compliance with all laws, ordinances, and departmental rules and regulations affecting the system. The system and all parts thereof, shall be subject to the right of periodic inspection of the city.
(I) Except as expressly provided in this chapter, the grantee herein shall have no recourse whatsoever against the city for any loss, cost or expense or damage arising out of any of the provisions or requirements of this chapter, or out of any franchise granted under the authority of this chapter, or because of the enforcement thereof by the city, nor for the failure of the city to have the authority to grant all or any part of any such franchise.
(J) Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the city, utility company or from others maintaining poles in public ways.
(K) The grantee shall strictly comply with all applicable FCC rules and regulations concerning cross-ownership of radio or television broadcast stations whose signals are carried on the system on a regular basis.
(L) Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by the grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation or maintenance of any system in the city; and the acceptance of any franchise hereunder shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the city, to the effect that, as between grantee and the city, any and all construction, operation and maintenance by any grantee of any system in the city shall be deemed and construed in all instances and respects to be, under and pursuant to such franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
(Ord. 5258, passed 10-28-80) Penalty, see § 725.99