Montague Municipal Code Art. V Limitations of Franchise

The franchise granted under the provisions of this chapter shall be nonexclusive. (Ord. 93-03 §6 (part), 1993)

No privilege or exemption shall be granted or conferred by the franchise except those specifically prescribed in this chapter, or as subsequently determined by the council and expressed by resolution. (Ord. 93-03 §6 (part), 1993)

Any privilege claimed under the 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. In the event of a conflict concerning such use, the city shall make all reasonable efforts to equitably resolve any dispute. (Ord. 93-03 §6 {part), 1993)

The franchise shall be a privilege to be held in personal trust by the grantee. Neither the franchise, the entity holding such franchise, nor more that ten percent of the assets of the cable system in the city can be sold or leased without the prior consent of the council expressed by resolution, which consent of the council shall not be unreasonably withheld; provided, however, that any proposed purchaser or lessee must demonstrate reasonable financial and technical ability to operate the cable system and must agree to comply with all provisions of this chapter. 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. Notwithstanding anything to the contrary contained in this chapter, the city approves (A) the encumbrance of the franchise and the assets of the cable system and the hypothecation and assignment of the same for security purposes in connection with the financing and refinancing, from time to time, of the cable system, the grantee's operations and the franchise by the grantee, and (B) the transfer and assignment of the franchise from the grantee to an affiliate of grantee. (Ord. 93-03 §6 (part), 1993)

Time shall be of the essence of the 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. 93-03 §6 (part), 1993)

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 office, employee, department or board of the city; provided that written notice of such transfer is given to the grantee. (Ord. 93-03 §6 (part), 1993)

The grantee shall comply with all federal, state, city and local laws as now or hereafter enacted during the term of the franchise. Upon written request by the city, 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 be submitted to the city clerk. (Ord. 93-03 §6 (part), 1993)

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. 93-03 §6 (part), 1993)

The granting of the 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. 93-03 §6 (part), 1993)