(A) The grantee shall not, in terms of rates, charges, service facilities, rules, regulations, or in any other respect, 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. The 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 conditions Council may establish.
(C) Prior approval of Council shall be required where ownership or control of more than 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 30% or more of the right of control, singly or collectively.
(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 regulation.
(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 or her obligations to comply promptly with a provision of this chapter by the failure of the city to enforce prompt compliance.
(G) The grantee during the period of the franchise or any of his or her affiliated, subsidiary, or parent organizations, shareholders, officers, or directors shall not, within the corporate limits of the city or within 10 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 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 located 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 installations shall be subject to the prior approval of the Engineering Department Supervisor.
(J) In the event of disturbance of any street by the grantee, he or she shall, at his or her own expense and in a manner approved by the Engineering Department Supervisor, replace and restore the street in as good a condition as before the work causing disturbance was done.
(K) The grantee shall construct, maintain, and operate his or her network 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) For this provision,
REASONABLE NOTICE means at least 48 hours prior to the move. The grantee shall, upon "reasonable notice" from any person holding a building moving permit issued by the city, temporarily alter his or her facilities to permit the moving of the building. The actual cost of the altering shall be borne by the person requesting the altering and the grantee shall have the right to request payment in advance.
(1981 Code, § 111.04) (Ord. 5055-73, passed 5-14-1973)