Section 5.33.040 Significance of franchise.

A. Franchise nonexclusive. No franchise shall be exclusive. The City reserves the right to grant a similar franchise to any person at any time in accordance with applicable law, provided no new franchise is more favorable or less burdensome than operator's franchise.

B. Franchise amendable. Conditions of a franchise may be amended from time to time to allow the City and operator to implement new services and technologies and to better meet community needs. No amendments affecting the conditions of a franchise shall be implemented without the mutual written consent of the City and the operator. Notwithstanding the foregoing, the City reserves the right to implement and enforce current provisions and future modifications of the Cable Communications Policy Act of 1984 and applicable laws which

C. Authority granted. Execution of a franchise between the City and an operator shall grant to the operator the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under the streets, alleys, easements (including all easements occupied by any utility operated by the City or any private easements which are occupied by utilities or other compatible uses), public ways and public places and on all poles or through such conduit as may exist, such towers, antennas, cables, electronic equipment, and other network appurtenances necessary for the operation of the network in the City; provided, however, that the exercise of such right and privilege shall not interfere with the use of such streets by the City and such others as designated by the City to use such streets and public ways, and provided that the exercise of such right and privilege shall not be in conflict with any ordinance, procedure, code or regulation of the City.

D. Consent prior to transfer of franchise. The franchise described herein is a privilege to be held for the benefit of the public. The franchise shall not be sold, transferred, leased, assigned or disposed of, including, but not limited to, by force or voluntary sale, merger, consideration, receivership, foreclosure or other means without the express written consent of the City Council of the City; provided, however, that denial of such consent shall not be unreasonable, arbitrary or capricious. The City shall express its approval or denial within ninety (90) days of receiving written notice of any action to transfer the franchise. In no event shall a transfer of ownership or control be effective without a successor in interest becoming a signatory to the franchise by providing the City written acceptance of all provisions of this franchise ordinance in a form acceptable to the City. Failure to provide acceptable written acceptance shall be cause for revocation of the franchise.

E. Mortgage or pledge of network. Nothing in this ordinance shall be deemed to prohibit the mortgage or pledge of any property of the operator, real or personal, including the network or any part thereof or a leasing by another person of said property or part thereof for financing purposes or otherwise. The granting of a security interest in the franchise, whether by assignment, pledge, mortgage or otherwise, in connection with a financing or a refinancing shall not require the consent of the City. However any such mortgage, pledge or lease shall be subject to the rights and conditions of this ordinance and other applicable laws.

G. Franchise binding. Upon execution of an agreement consistent with this Ordinance, this ordinance shall be binding upon the operator, its successors, lessees or assignees and the City. This ordinance shall inure to the benefit of any entity which is controlled by, or under common control with, the operator.

H. Compliance with laws, rules and regulations. The operator, at its expense, shall comply with all laws, orders and regulations of federal, state end municipal authorities and with any direction of any public officer or officers pursuant to law who shall legally impose any regulations, orders or duties upon the operator which are consistent with this ordinance.