(A) Any franchise granted hereafter by the city shall not be exclusive and the city reserves the right to grant a similar franchise to any other persons or entities at any time.
(B) No privilege or exemption shall be inferred from the granting of any franchise unless it is specifically prescribed.
(C) Any franchise granted hereunder shall give to the franchisee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under the streets, alleys and public places of the incorporated areas of the city, such towers, antennae, cables, electronic equipment and other network appurtenances necessary for the operation of a cable communications system in the city; provided, however, that the exercise of such right and privilege shall not interfere with the use of such streets, alleys and public places by the city and such others as are permitted by the city to use the same, and the City Council may demand the removal of the foregoing as have been constructed by or under contract with a franchisee at such time as the City Council determines that the same are interfering with the use of said streets, alleys or public places.
(D) Any franchise granted hereunder shall be a privilege to be held for the benefit of the public.
(E) Prior approval of the City Council shall be required and obtained where ownership or control of more than 25% of the right of control of any franchisee is acquired, disposed of or transferred by a person or group of persons acting in concert. Approval of the City Council to such a transfer of interest shall not be unreasonably withheld. Transfer from a subsidiary to a parent corporation, or vice versa, shall not be considered as a change of control.
(F) Nothing in this subchapter shall be deemed to prohibit the mortgage or the pledge of the network or any part thereof or a leasing by a franchisee from another person of said network or part thereof for financing purposes or otherwise. However, any such mortgage, pledge or lease shall be subject to the rights of the City Council under this subchapter, a franchise granted hereunder and all other applicable laws.
(G) Any franchise granted hereunder shall not relieve the franchisee of its obligation to obtain necessary pole or conduit use agreements as are necessary.
(H) The award of any franchise hereunder shall not impart to the franchisee any right of ownership of streets or city-owned property.
(I) Any franchise granted hereunder shall be binding upon the franchisee, its successors, lessees or assignees.
(J) A franchisee, at its expense, shall comply with all applicable laws, orders, ordinances and regulations of federal, state, city and county or municipal authorities including those established to protect historic districts and/or designated landmark sites.
(Ord. 4, series 1979, passed 9-17-1979) Penalty, see § 115.99