§ 4.16.19. Transfer of assignment of franchise.

A grantee may transfer or assign its franchise to another entity (the "assignee") upon thirty (30) days notice to the city. The grantee shall provide to the city a reasonable showing that the proposed assignee or transferee possesses the technical and financial qualifications to operate the cable television system properly. The proposed transferee or assignee shall provide the city with a written statement that it agrees to comply with all material terms of the franchise to be transferred. The city shall not unreasonably delay or deny the assignment or transfer of a franchise. The reasonableness of the city's actions shall be subject to judicial review by a court of appropriate jurisdiction. The proposed transfer or assignment shall be deemed approved if no action is taken by the city within sixty (60) days of the written request for transfer by the grantee.

The grantee may secure financing or an indebtedness by trust, mortgage, or other instrument of hypothecation of the franchise, in whole or in part, without requiring the consent of the city. Consent shall not be required to assign a franchise from one business entity to another which is operated or managed by the grantee or any affiliated entity. In addition, so long as the manager and/or general partner of the grantee remains the same, consent shall not be required to transfer the interests of any limited partner of the grantee, who has no day to day operational control of the grantee or the system.

Grantee may transfer or assign its franchise to an affiliated entity upon thirty (30) days notice to the city. Consent of the city shall not be required for such an assignment, provided that:

A.

The city is provided with a reasonable showing that the proposed assignee possesses the technical and financial qualifications to operate the cable television system and,

B.

That the assignee agrees to comply with the terms of this chapter.

( Ord. No. 99-13, § 19 )