(A) No transfer of control of the cable system shall take place, whether by forced or voluntary sale, lease, assignment, encumbrance or any other form of disposition, without prior notice to and approval by the City Council. The notice shall include full identifying particulars of the proposed transaction, and the City Council shall act by resolution. The City Council shall have one hundred twenty (120) days within which to approve or disapprove a transfer of control and if no action is taken within such one hundred twenty (120) days, approval shall be deemed to have been given unless the requesting party and the government agree to an extension of time.
(B) In making a determination on whether to grant an application for a transfer of a franchise, the City Council may consider the financial, technical and other qualifications of the transferee to operate the system; whether the incumbent cable operator is in compliance with this chapter and, if not, the proposed transferee's commitment to cure such noncompliance; and whether operation by the transferee would adversely affect cable or non-cable service to subscribers, or otherwise be contrary to the public interest.
(C) The consent or approval of the City Council to any assignment, lease, transfer, or sublease of the grantee shall not constitute a waiver or release of the rights of the government in and to the roads.
(D) Corporate reorganizations which do not change the ultimate controlling entity and intrafamilial transactions are not considered transfers of control for purposes of this section.
(Ord. 1999-13, passed 11-8-99)