§ 90-45. Right to amend.

Except as hereinafter provided, any franchise issued pursuant to the provisions of this article shall be subject and subordinate during its term to exercise of the police powers for protection and promotion of the public health; safety and welfare through amendment of this article as authorized by section 90-44, above. In the absence of an emergency, and without the consent of the franchisee, the following provisions of this article shall not be altered or repealed as applied to a franchise for which a certificate of acceptance has been filed in compliance with the provisions of section 90-131 in division 3 in advance of the effective date of the alteration or repeal:

a.

Subparagraphs "a," "m" and "u" of section 90-32 and sections 90-34, 90-35, 90-43, 90-44, 90-45, and 90-51 in this division;

b.

The right to receive compensation for acquisition by the cable television commission or its assignee of any of a franchisee's property utilized in the performance of services under the franchise in accordance with the valuation standards prescribed by sections 90-145 and 90-146 in division 3;

c.

The provisions relating to requirements of the cable television system prescribed by sections 90-181 through 90-187, and the provisions relating to prevailing rates prescribed by sections 90-189 through 90-194;

d.

The provisions, standards, procedures and remedies relating to construction, completion and service prescribed by sections 90-226 through 90-251, inclusive, in subdivision II of division 4;

e.

The provisions relating to cable television services contained in sections 90-288, 90-289, and 90-291 in subdivision III of division 4;

f.

The provisions and procedures relating to the amount of, payment of, and increases in franchise fees prescribed by sections 90-336 through 90-339 and 90-341 through 90-343 in subdivision IV of division 4;

g.

The provisions relating to security, surety, indemnification and insurance prescribed by sections 90-371 through 90-376, inclusive, in subdivision V of division 4;

h.

The provisions, relating to transfers and assignments prescribed by sections 90-426 through 90-430 and 90-431 in subdivision II of division 5; or

i.

The provisions relating to remedies prescribed by sections 90-458 through 90-467 and 90-469 through 90-474 in subdivision III of division 5.

(Ord. No. 97-12, § 2(5.50.038), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)