§ 70-173. Assignment/transfer.

(a)

Any franchise granted pursuant to this chapter shall not be assigned, leased or otherwise alienated or disposed of except with the prior express written consent of the city commission, which shall not be unreasonably withheld or unduly delayed. This shall not be construed as prohibiting grantee from granting to others the right to use capacity on the fiber optic cable facilities located in the rights-of-way, provided the revenues derived therefrom are included by grantee in calculating the franchise fees for purposes of section 70-172.

(b)

The proposed assignee must meet all qualifications and requirements under the provisions of this chapter.

(c)

The consent or approval of the city to any transfer of the franchise shall not constitute a waiver or release of the rights of the city in and to the public ways, and any transfer shall by its terms, be expressly subordinate to the terms and conditions of a franchise.

(d)

In no event shall a transfer of ownership or control be approved without the successor in interest becoming a signatory to the franchise agreement and acknowledging its acceptance of the provisions of this chapter.

(Ord. No. 99-46, § 1, 8-12-99)