(A) Where required for operation, an MCS provider's franchise may not be assigned or transferred in whole or in part by the affected MCS provider without the prior express written approval by the Council/franchising authority.
(B) Any attempted assignment or transfer without such prior written consent shall constitute a default of such franchise.
(C) In the event of such a default, the Council/franchising authority shall proceed according to the procedure set forth in this chapter, and any applicable federal or state law.
(D) At least 90 days before a proposed assignment or transfer of an MCS provider's franchise is scheduled to become effective, such franchised MCS provider shall petition in writing for the Council/franchising authority's written consent for such a proposed assignment or transfer.
(E) The Council/franchising authority will not unreasonably withhold its consent to such an assignment or transfer. However, in making such a determination, the Council/franchising authority may consider the following:
(1) Experience of proposed assignee or transferee, including conducting an investigation of proposed assignee or transferee's service records in other communities;
(2) Qualifications of proposed assignee or transferee;
(3) Legal integrity of proposed assignee or transferee;
(4) Financial ability and stability of the proposed assignee or transferee;
(5) If requested by the Council/franchising authority, submittals from the proposed assignee or transferee on what, if any, changes it intends to make in the operation and maintenance of the present multi-channel system;
(6) The corporate connection, if any, between the franchised MCS provider and proposed assignee or transferee;
(7) The economic viability or non-viability of the multi-channel system in the future, based upon certain factors including the impact of the purchase price on the city and/or the proposed assignee or transferee; and
(8) Any other legitimate aspect of the proposed assignee's or transferee's background which could affect the health, safety, and welfare of the citizenry of the city as it relates to the operation of the multi-channel system.
(F) Unless disclosure is demonstrated by the MCS provider to be specifically prohibited by law, a copy of the completed sales agreement or a functionally equivalent instrument between the franchised MCS provider and proposed assignee or transferee shall be provided to the Council/franchising authority so that the Council/franchising authority may discover the assumption of obligations by the franchised MCS provider and proposed assignee or transferee with respect to the multi-channel system. In lieu of the sales agreement, the Council/franchising authority may, by prior written agreement, accept an attested summary of obligations assumed by the above-referenced parties.
(G) Before an assignment or transfer is approved by the Council/franchising authority, the proposed assignee or transferee shall execute an affidavit acknowledging that it has read, understood, and intends to abide by both this chapter and the applicable franchise agreement.
(H) In the event of any approved assignment or transfer, the assignee or transferee shall assume all obligations and liabilities of the former franchised MCS provider, except as noted in division (I).
(I) An assignment or transfer shall not relieve the former franchised MCS provider of its liabilities under the franchise agreement until the assignment actually takes place, or unless specifically relieved by the Council/franchising authority at the time an assignment or transfer is approved.
(Ord. 4-1994-20, passed 4-12-94)