5.56.080 Franchise--Limitations.
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 herein.
C. Any privilege claimed under any such franchise by the grantee in any street or other public property shall by the subordinate to any prior lawful occupancy of the streets or other public property.
D. 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, merger, consolidation or otherwise, without the prior consent of the council expressed by resolution 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 clerk within thirty days after any such transfer or assignment. The consent of the council may not be arbitrarily refused; provided, however, that 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.
E. Time shall be of the essence of any such franchise granted under this chapter. The grantee shall not be relieved of his obligation to comply with any of the provisions of this chapter or by any failure of the city to enforce prompt compliance.
F. 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.
G. 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 of any franchise issued hereunder, or because of its enforcement.
H. The grantee shall be subject to all requirements of city ordinances, rules regulations and specifications hereafter enacted or established.
I. Prohibited Activities of Grantee.
1. Grantee shall be prohibited from using or causing or permitting its subscriber list or other facilities to be used by any person, firm or corporation engaging directly or indirectly in the business of advertising any product or service, or of manufacturing, selling, leasing, renting, furnishing, providing, repairing or servicing any television, radio or other receiving apparatus or any part or component thereof; and such projection shall extend and apply to the officers and directors of grantee, to all general and limited partners of grantee, to any person or combination of persons owning, holding or controlling five percent or more of any corporate stock or other ownership interest of grantee, to any affiliated or subsidiary entity owned or controlled by grantee, or in which any officer, director, stockholder, general or limited partner, or group of persons owning, holding or controlling any ownership interest in grantee, shall own, hold or control five percent or more of any corporate stock or other ownership interest; and such prohibition shall likewise apply to any person, firm or corporation acting or serving in the capacity of a holding or controlling company of grantee.
2. Grantee shall be prohibited from engaging directly or indirectly in the business of selling time space for the purpose of advertising on any signal transmitted or conducted by grantee, and grantee shall originate no advertising whatsoever on its system.
3. Except as otherwise provided in this chapter, grantee shall be prohibited from deleting, revising or substituting any program of any television broadcast station, whether with or without the consent of such station, without the prior written approval for good cause shown of the C.A.O., and then only upon such terms as the C.A.O. shall prescribe.
4. Grantee shall not enter or encroach upon or interfere with or obstruct any private property without the express consent of the owner or the agent in possessing thereof, and the authority and permission given in this chapter or by any franchise under this chapter shall not be construed to grant or imply any permission or license to do so.
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 streets.
K. Any franchise granted under this chapter shall be in lieu of any and all other right, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction operation or maintenance of any CATV system in the city; and the acceptance of any franchise under this chapter 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, 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 CATV system in the city shall be, and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever. (Ord. 473 §1, 2002).