Division III — Franchise Applications and Grant Conditions

Applicants for a franchise shall submit to the grantor at least eighteen months prior to franchise expiration, written application utilizing the format provided by the grantor, at the time and place designated by the grantor for accepting applications, and including the designated application fee or deposit.

(Ord. 483 §1, 1984)

• A. In the event that grantor shall grant to the grantee a nonexclusive, revocable franchise to construct, operate, maintain and reconstruct a cable communications system within the city, said franchise shall constitute both a right and an obligation to provide the services of a cable communications system as required by the provisions of this chapter and the franchise agreement. The franchise shall include those provisions of the grantee's "proposal for franchise" that are finally negotiated and accepted by the grantor and grantee in writing.

• B. The franchise shall be granted under the terms and conditions contained herein. In the event of conflict between the terms and conditions of the franchise and the terms and conditions on which the grantor can grant a franchise, the statutory requirements shall control.

• C. The franchise shall be subject to the general ordinance provisions now in effect or hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the city regarding permits, fees to be paid, or manner of construction.

• (Ord. 483 §1, 1984)

For the purpose of operating and maintaining a cable communications system in the city, the grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the city such wires, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the cable communications system. Prior to construction or alteration, however, the grantee shall in each case file plans with the appropriate city department and utility companies, and receive written approval before proceeding. (Ord. 483 §1, 1984)

The term of the franchise, and all rights, privileges, obligations and restrictions pertaining thereto, shall be twenty years from the effective date of the franchise unless terminated sooner as hereinafter provided.

(Ord. 483 §1, 1984)

The franchise granted shall be nonexclusive. The grantor specifically reserves the right to grant, at any time, such additional franchises for a cable communications system as it deems appropriate.

(Ord. 483 §1, 1984)

• A. The franchise shall not be sublet or assigned; nor shall any of the rights be assigned, sold or transferred, either in whole or in part; nor shall title thereto, either legal or equitable, or any rights, interest or property therein, pass to or vest in any person, except the grantee, either by act of the grantee or by operations of law, without the prior consent of the city expressed by resolution, and such consent shall not be unreasonably withheld.

• B. If the grantee shall, in violation of this section, transfer the franchise, prior to obtaining city consent, any such transfer shall be deemed void and of no effect.

• C. The grantee, upon an approved transfer as heretofore described shall, within thirty days thereafter, file with the city a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer or lease certified and sworn to as correct by the grantee.

• (Ord. 483 §1, 1984)

The grantee shall promptly notify the grantor of any proposed change in, or transfer of, or acquisition by, any other party of control of the grantee with respect to which the consent of the grantor is required, pursuant to Section 5.24.250 of this chapter, entitled "franchise nontransferable." Such change in control shall make the franchise subject to revocation unless and until the grantor shall have consented thereto. For the purpose of determining whether it will consent to such change, transfer or acquisition of control, the grantor may inquire into the qualifications of the prospective controlling party, and the grantee shall assist the grantor in any such inquiry. The city may condition said transfer pursuant to the terms and conditions of the franchise agreement.

(Ord. 483 §1, 1984)