CHAPTER 8A. CABLE COMMUNICATIONS SYSTEM.
Sec. 8A.250. Limitations of franchise.
(a) Every franchise granted under this chapter shall be
(b) No privilege or exemption shall be granted or conferred
by any franchise granted under this chapter except those specifically prescribed
(c) Any privilege claimed under any such franchise by grantee in any
street or other public property shall be subordinate to any prior lawful
occupancy to 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 such transfer or assignment shall be made only by an instrument
in writing, such as a bill of sale, or similar document, a duly executed copy of
which shall be filed in the office of the city clerk within thirty days after
any such transfer or assignment. The consent of the council may not be
unreasonably refused; provided, however, the proposed assignee must show
responsibility as determined by the council utilizing the factors specified in
Section 8A.150 and must agree to comply with all provisions of this chapter; and
provided further, that no such consent shall be required for a transfer in
trust, mortgage or other hypothecation, in whole or in part, to secure an
indebtedness, except that when such hypothecation shall exceed twenty-five
percent of the market value of the property used by grantee in the conduct of
the cable communications system, prior consent of the council shall be required
for such a transfer. Such consent shall not be withheld unreasonably.
event that grantee is a corporation, prior approval of the city council,
expressed by resolution, shall be required where there is an actual change in
control or where ownership of more than thirty percent of the voting stock of
grantee is acquired by a person or group of persons acting in concert, none of
whom already own fifty percent or more of the voting stock, singly or
collectively. Any such acquisition occurring without prior approval of the city
council shall constitute a failure to comply with a provision of this chapter
within the meaning of Section 8A.090.
(e) Time shall be of the essence of
any franchise granted under this chapter. Grantee shall not be relieved of his
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) Grantee shall be subject to all
requirements of city laws, rules and regulations.
(h) Any such franchise
granted shall not relieve grantee of any obligations involved in obtaining pole
or conduit space from any department of the city, utility company, or from
others maintaining utilities in streets. (Ord. No. 1097, § 1