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A. Any franchise granted under this chapter shall be nonexclusive.

B. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed in this chapter.

C. Any privilege claimed under such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property and shall be in conformance with Section 53066 of the California Government Code.

D. Any such franchise shall be a privilege to be held in personal trust by the original grantee. 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 city expressed by resolution and then only under such conditions as may be therein prescribed. The consent of the city may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter, and provided further, that no such consent shall be required for a transfer in trust mortgage or other hypothecation as a whole, to secure an indebtedness.

E. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provisions of requirements of this chapter or its enforcement.

F. The grantee is subject to all requirements of the city ordinances, rules, regulations and specifications of the city enacted or established before or after the effective date of the ordinance codified in this chapter, including but not limited to those concerning street work, street excavations, use, removal and relocation of property within a street and other street work.

(Ord. 1595 NCS §9, 1984; Ord. 757 NCS §6; prior code §9A.7.)