§ 5.08.040. General terms.  


Latest version.
  • A.

    No rights agreed to in this chapter by the city shall be exclusive and the city reserves the right to grant franchises, licenses, easements or permissions to use the rights-of-way within the city to any person as the city, in its sole discretion, may determine to be in the public interest.

    B.

    A permit holder is not authorized to provide cable service as a cable operator in the city under this chapter, but must first obtain a franchise from the city for that purpose, under such terms and conditions as may be required by law.

    C.

    The initial term of each permit issued under this chapter shall be three years from the date of issuance, unless terminated earlier by mutual written agreement of the city and the permit holder or pursuant to law. At the expiration of the initial permit period, the permit shall be automatically extended for successive periods of one year, unless written notice of intent to terminate the permit is given not less than ninety (90) days prior to the termination of the then current period by the city to permit holder. When such notice is given, the permit shall terminate at the expiration of the then current period.

    D.

    The rights granted by this chapter inure to the benefit of the permit holder licensed hereunder. The chapter rights granted by permit shall not be assigned, transferred, or sold to another by the permit holder without the express written consent of the city. For the purposes of this section, assignment, transfer or sale means a change of operating control of the permit holder, expressly excepting an assignment or transfer to entities that control, are controlled by or are under common control with permit holder. Any such consent by the city shall not be withheld unreasonably.

(Ord. 98-09 § 4: prior code § 16-124)