A. Every 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 be 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 or by voluntary sale, merger, consolidation or otherwise, without prior consent of the council expressed by resolution, and then only under such conditions as may therein be prescribed.
Any review and decision of the council regarding any such disposition shall be completed within sixty days of the application therefor by the grantee. In order to warrant city council approval of a transfer, lease, assignment or other disposition of the subject cable television system by the grantee, the proposed new grantee must demonstrate financial responsibility and must agree to comply with all provisions of the franchise and this chapter; except that no council consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole to secure an indebtedness of the grantee, nor shall council consent be required for changes in the structure of the corporations, individuals or entities comprising the subject general partnership, so long as the grantee remains the principal provider of the service under this chapter.
Prior approval by the city council, expressed by resolution, shall be required where there is an actual change in control of the grantee or where ownership of more than fifty percent of the voting stock of the grantee is acquired by a person or persons acting in concert, none of whom owns, prior to such acquisition, fifty percent or more of the voting stock, individually or collectively.
Any authorized transfer, lease assignment or other disposition shall be made only by a duly executed written instrument, a copy of which shall be filed with the city clerk within thirty days after the effective date of such transaction.
E. Time shall be of the essence of any such franchise granted under this chapter. The grantee shall not be relieved of its obligation to comply promptly with any provisions of this chapter 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 laws, rules, regulations and specifications heretofore or hereafter enacted or established.
I. Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the city, any utility company, or from others maintaining utilities in streets.
J. Any franchise granted under this chapter 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 the grantee, of or pertaining to the construction, operation or maintenance of any cable television system in the city; and the acceptance of any franchise under this chapter shall operate, as between the 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 the grantee and the city, any and all construction, operation and maintenance by any grantee of any cable television system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not hereunder or pursuant to any other right, privilege, power, immunity or authority whatsoever. (Prior code § 7-9)