1. Franchise Nonexclusive. Any franchise granted under this chapter shall not be exclusive and the city reserves the right to grant a similar franchise to any other person at any time.

    2. Authority Granted. Any franchise granted under this chapter shall give to the franchisee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under the streets, such towers, antennas, cables, electronic equipment, and other network appurtenances necessary for the operation of a BTN 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 the city may demand the removal of the foregoing as have been constructed by the franchisee at any time the city believes that such is interfering with the use of the streets.

    3. Rights, Privileges, Powers and Immunities. Any franchise granted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by franchisee or any successor to any interest of the franchisee of or pertaining to the construction, operation or maintenance of any cable television system in the city; and the acceptance of any franchise under this chapter shall operate between the franchisee and the city as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the city, to the effect that between the franchisee and the city all construction, operation and maintenance by any franchisee of any broadband telecommunications network in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to any other right, privilege, power, immunity, or authority whatsoever.

    4. Privileges Must Be Specified. No privilege or exemption shall be granted or conferred by any franchise except those specifically prescribed in this chapter.

    5. Privileges Subordinated. Any privilege claimed under a franchise by the franchisee in any street or other public property shall be subordinate to any lawful occupancy of the streets or other public property.

    6. Franchise Held in Personal Trust. Any such franchise shall be a privilege to be held in personal trust by the original franchisee. 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 as provided in this chapter.

    7. Franchise Binding. Any franchise granted under this chapter shall be binding upon the franchisee and all successors, leasees or assignees as may be approved by the city.

    8. Transfer of City's Rights, Powers or Duties. 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.

    9. Obligations of Franchisee. Any such franchise granted shall not relieve the franchisee of any obligations involved in obtaining pole or conduit space from any department of the city, utility company, or from others maintaining utilities in street.  (Ord. S-35454, 1978)