§ 34-14. Assignment and transfer.

(a)

Transfer of franchise. Any franchise granted hereunder shall not be sold, transferred, leased, assigned or disposed of, by means including but not limited to, transfer by force or voluntary sale, merger, consolidation, receivership, hypothecation or other means, nor shall the control of the grantee be changed, without the prior consent of the city, which consent shall not be unreasonably withheld, In this regard, the city may inquire into, and determine to its reasonable satisfaction, the legal, financial, character, technical and other public interest qualifications of the prospective controlling party, and the grantee shall assist in any such inquiry. Failure to provide all information reasonably requested by the city as part of said inquiry shall be grounds for denial of the proposed change, transfer, or acquisition of ownership or control. The city may impose conditions on its consent regarding the technical, operating, customer service, and financial aspects of the cable system as well as the transferee's acceptance of conditions related to past non-compliance with this chapter or the franchise. The grantee shall cooperate with and respond to any city inquiry on whether any change of control has taken place.

(b)

City right of first purchase. The city reserves the right of first purchase in any sale, transfer, lease, assignment or disposal of the cable system in accordance with the terms set forth in section 34-16 of this chapter.

(c)

Transfer application fee. Upon requesting city consent as provided in section 34-14(a), the Grantee shall be required to pay a transfer application fee in the amount of $25,000.00, plus cost of living adjustments based on CPI-PI published by the United States Department of Commerce determined from the initial date of the adoption of this chapter.

(Ord. No. 2009-51.1(94-O-1777), § 14.0, 11-28-94)