The grantor may grant a franchise to any person who offers to
provide a system under and pursuant to this chapter.
(Ord. 1176 § 3.1, 1989)
A franchise may, at grantor's sole option, take the form of
an ordinance, license, permit, contract, agreement, resolution or
any other form elected by grantor.
(Ord. 1176 § 3.2, 1989)
Consistent with applicable state and federal law, no provision
of this chapter shall require the granting of a franchise when, in
the opinion of the grantor, it is in the public interest not to do
so.
(Ord. 1176 § 3.3, 1989)
The purpose of a franchise shall be to identify and authorize
its specific grantee and to identify and specify those terms, conditions,
definitions, itemizations, specifications and other particulars of
the agreement between the grantor and grantee which it represents.
In so doing a franchise may clarify, extend and interpret the provisions
of this chapter. Where a franchise and this chapter conflict both
shall be liberally interpreted to achieve a common meaning or requirement.
In the event this is not possible within reasonable limits, this chapter
shall prevail.
(Ord. 1176 § 3.4, 1989)
The award of a franchise authorizing the use of public property
or public rights for private purposes shall be deemed consideration
by the grantee in the form of agreement to provide the system and
services offered in accordance with the provisions hereof and of the
franchise.
(Ord. 1176 § 3.5, 1989)
Neither this chapter nor a franchise granted under it relieves
grantee of any requirement of grantor or of any ordinance, rule, regulation,
or specification of grantor now or hereafter in effect, including,
but not limited to, the payment of all normal permit and inspection
fees so long as said ordinance, rules, regulations or specifications
do not materially conflict with or alter the express terms of this
chapter and the franchise.
(Ord. 1176 § 3.6, 1989)
Grantor may, at its option, grant one or more franchises to
construct, operate, maintain, and reconstruct a cable communications
system. Said franchises shall constitute both a privilege and an obligation
to provide the system and services required by this chapter and the
franchise.
(Ord. 1176 § 3.7, 1989)
No privilege shall be granted or conferred by a franchise except
those specifically prescribed herein.
(Ord. 1176 § 3.8, 1989)
The term of any franchise, and all rights, privileges, obligations
and restrictions pertaining thereto shall be specified in the franchise
agreement. The effective date of any franchise shall be as specified
in the franchise.
(Ord. 1176 § 3.9, 1989)
Any franchise granted shall be nonexclusive. The grantor specifically
reserves the right to grant, at any time, such additional franchises
as it deems appropriate.
(Ord. 1176 § 3.10, 1989)
For the purposes of operating and maintaining a cable communications
system in the franchised area, a grantee may place and maintain within
the public rights-of-way such property and equipment as are necessary
and appurtenant to the operation of the cable communications system.
Prior to construction or alteration of plant in public rights-of-way,
the grantee shall apply for and receive all necessary permits.
(Ord. 1176 § 3.11, 1989)
Any person or entity who provides a system or services as defined
herein shall be deemed a grantee and shall not do so except in accordance
with a franchise granted hereunder. If such grantee uses distribution
channels furnished by a telephone company or other public utility,
said grantee shall be required to comply with all of the provisions
hereof as a "licensee," and the term "grantee" herein shall include
"licensee" in its meaning.
(Ord. 1176 § 3.12, 1989)
Except for transfers between and among wholly owned subsidiaries
of grantee, or affiliates of grantee which are wholly owned by the
same parent, the franchise shall not be sublet or assigned, nor shall
any of the rights or privileges therein granted or authorized be leased,
assigned, sold or transferred, either in whole or in part, nor shall
title thereto, either legal or equitable, or any right, interest or
property therein, pass to or vest in any person, except the grantee,
either by act of the grantee or by operation of law, without the prior
written consent of the grantor. The granting of such consent shall
not render unnecessary any subsequent consent. The grantor shall approve,
disapprove, or conditionally approve said request within a reasonable
period of time upon the receipt of all requested information.
(Ord. 1176 § 3.13, 1989)
(a)
The
grantee shall promptly notify grantor of any proposed change in control
of the grantee. Such change in control shall make the franchise null
and void unless and until the grantor shall have consented thereto.
The grantor may condition said transfer upon reasonable terms and
conditions.
(b)
Except
for transfers between and among wholly owned subsidiaries of grantee,
or affiliates of grantee which are wholly owned by the same parent,
for the purpose of this section, a change in control will exist upon
sale or transfer of thirty percent or more of the grantee's stock
ownership or other control even if there is no change in the management
entity.
(Ord. 1176 § 3.14, 1989)
The grantee, at least thirty days prior to any franchise transfer
or change in control as heretofore described, shall file with the
grantor a notice of intent to enter into said transfer and then file
a fully executed copy of said agreement within thirty days of approval
of said transfer.
(Ord. 1176 § 3.15, 1989)
Every such transfer or change in control as heretofore described,
whether voluntary or involuntary, shall be deemed void and of no effect
unless grantee shall have filed said certified copy as is required
and grantor has given approval.
(Ord. 1176 § 3.16, 1989)
If the grantee shall violate this article, the franchise shall
terminate subject to all applicable due process safeguards.
(Ord. 1176 § 3.17, 1989)
