Sec. 8A.250. Limitations of franchise.

(a) Every franchise granted under this chapter shall be non-exclusive.
(b) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.
(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.
In the 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 (part).)