Ione Municipal Code Art. V Franchise Limitations

Any franchise granted under this chapter shall be nonexclusive.

(Ord. 320 §6.1, 1991)

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.

(Ord. 320 §6.2, 1991)

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.

(Ord. 320 §6.3, 1991)

Any such franchise shall be a privilege to be held in personal trust by the original grantee. Neither the franchise, the entity holding such franchise, nor more than ten percent of the assets can 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 within any three-year period, 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 such transfer or assignment. 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.

(Ord. 320 §6.4, 1991)

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 by any failure of the city to enforce prompt compliance.

(Ord. 320 §6.5, 1991)

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.

(Ord. 320 §6.6, 1991)

The grantee shall comply with all federal, state, city and local laws as now or hereafter enacted during the term of any franchise. Copies of all petitions and applications concerning the franchise submitted by the grantee to the Federal Communication 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.

(Ord. 320 §6.7, 1991)

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.

(Ord. 320 §6.8, 1991)

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. 320 §6.9, 1991)