§ 113.018  LIMITATIONS OF FRANCHISE.
   (A)   Nonexclusive. Any franchise granted under this chapter shall be nonexclusive.
   (B)   Exemptions. No privilege or exemption shall be granted or conferred by any franchise except those specifically prescribed herein, in the franchise agreement or as subsequently determined by the Council and expressed by resolution.
   (C)   Subordination.  Any privilege claimed under any franchise by the grantee in any public street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
   (D)   Transfer.
      (1)   Any franchise granted hereunder shall be a privilege to be held in personal trust by the original grantee. Neither the franchise, nor any rights or obligations of the grantee pursuant to the franchise or cable system shall be transferred in part or as a whole, by assignment, trust, mortgage, lease, sublease, pledge or other hypothecation or by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, nor shall the title to the franchise or system, either legal or equitable, or any right or interest therein, pass to or vest in any person or entity, nor shall a change in control (20% or more) of grantee occur, either by act of the grantee, by operation of law or otherwise, in each case, without the prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed.  The consent of the Council may not be unreasonably withheld, provided, however, that any proposed assignee must show complete financial and technical ability to operate a franchise hereunder and must agree to comply with all provisions of this chapter and any preexisting agreements between the city and grantee.
      (2)   Nothing contained in this division (D) shall be deemed to prohibit or require city approval of any assignment, pledge, lease, sublease, mortgage, or other transfer or hypothecation of all or any part of the stock of (or other evidence if ownership in) or assets (not including the franchise) of the company or the system, or any right or interest therein, for securing an indebtedness, provided that each such assignment, pledge, lease, sublease, mortgage, or other transfer or hypothecation shall be subject to the rights of the city pursuant to this agreement, or applicable law, and such rights of the city shall be recognized in each such hypothecation agreement between grantee and any such creditor.
      (3)   The restrictions contained in this division (D) shall not apply to any transfer or hypothecation, assignment, or other disposition, between or among persons in common control with the grantee, provided that in such instances or any other instances where any change in the ownership of grantee is to be undertaken, prior written notice of any such change shall be provided to the city.
      (4)   A grantee shall file written notice with the city as soon as it acquires knowledge of any impending transaction or other event for which the consent of the city is required under this division (D). The notice shall state the name and address of the interested parties in the transaction, and enclose a copy of any executed agreement between the interested parties.  Furthermore, the grantee shall agree to provide any and all information and documentation as may be reasonably requested by the city in connection with its review of any proposed transfer.  By its acceptance of the franchise, the grantee agrees that any such acquisition occurring without prior approval of the city shall constitute a violation of the franchise by grantee.
      (5)   Any such transfer shall be subject and subordinate to the rights of the city under any franchise agreement granted hereunder, and the transferee shall acknowledge in writing such subordination and agreement to comply with and be bound by all of the terms, conditions, and requirements of the franchise agreement, as well as this chapter.
   (E)   Time of the essence.  Time shall be of the essence of any franchise. The grantee shall not be relieved of its obligation to comply promptly with any of the provisions of this chapter or the franchise agreement, by any failure of the city to enforce prompt compliance.
   (F)   City right of transfer. Any right or power in, or duty impressed upon, any officer, employee, department, or board of the city may be transferred at any time by the city to any other officer, employee, department, or board of the city.
   (G)   Legal compliance. The grantee shall comply with all federal, state, city and local laws as now or hereafter enacted during the term of the franchise. Copies of all petitions and applications concerning the franchise submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having appropriate jurisdiction shall also be contemporaneously submitted to the City Clerk.
   (H)   Pole attachments. Franchises granted under this chapter 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 utility poles.
   (I)   Private property. Except as otherwise provided by law, the granting of a franchise shall not be construed as permission or authority to enter on, occupy, or otherwise use any private property without the express consent of the owner or agent in possession thereof.
(Ord. 94-09, passed 9-12-94)