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 as specifically prescribed in this chapter.

C. Any privilege claimed under 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 and shall be in conformance with Government Code Section 53066 and other applicable provisions of law.

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 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 (30) days after any such transfer or assignment. The proposed assignee must show financial responsibility and must agree to comply with the provisions of this chapter and all conditions and requirements of the franchise being transferred; 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. The Council may impose a fee of two thousand dollars ($2,000.00) to cover all expenses of the City incurred in investigating the financial status and ability of the proposed transferee. It is the intention of the Council to prevent the peddling of any franchise issued pursuant to this chapter after the award thereof. No consent to the transfer of said franchise shall be granted by the Council unless it is shown to the satisfaction of the Council that the grantee has in good faith proceeded to install the CATV system and that only unusual or extraordinary circumstances prevent said grantee from operating the system, or that other satisfactory reason exists for such transfer. Where a grantee of a franchise seeks consent of the Council to a transfer of said franchise prior to the installation of a substantial portion of the system, the Council may, at its discretion, refuse to consent to such transfer and it may award a new franchise in the same manner as the original franchise was issued. The consents provided for herein shall not be unreasonably withheld.

E. Time shall be of the essence of any such franchise granted under this chapter. The grantee shall not be relieved of their obligation to comply promptly with any of the 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 or relating to any provision or requirement of this chapter or of any franchise issued under this chapter because of its enforcement.

H. 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.

I. As between grantee and the City, any and all construction, operation and maintenance by any CATV franchisee in the City shall be deemed and construed to be under and pursuant to said franchise and not under or pursuant to any other right, privilege, power, immunity or authority of the City. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)