<div class="chunk-title">Sec. 20-32. - Transfer of ownership or control.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Transfer of franchise.</span> Any franchise granted hereunder shall not be sold, transferred, leased, assigned
               or disposed of, including but not limited to, transfer by force or voluntary sale,
               merger, consolidation, receivership or other means, nor shall the control of the grantee
               be changed, without the prior consent of the county, and then only under such conditions
               reasonably related to the qualifications of the assignee and or related to the applicant's
               capability to meet the requirements of the franchise and this chapter, and as the
               county may establish.
               
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               (b)
               
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               <span class="ital">Transfer threshold.</span> The grantee shall promptly notify the county of any actual or proposed change in,
               or transfer of, or acquisition by any other party of, control of the grantee. The
               word "control" as used herein is not limited to major stockholders but includes actual
               working control in whatever manner exercised. A rebuttable presumption that a transfer
               of control has occurred shall arise upon the disposal by the grantee, directly or
               indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise,
               of 25 percent or more at one time of the ownership or controlling interest in the
               system, or 50 percent cumulatively over the term of the franchise of such interests
               to a corporation, partnership, limited partnership, trust or association, or person
               or group of persons acting in concert.
               
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               (c)
               
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               <span class="ital">County approval.</span> Every change, transfer, or acquisition of control of the grantee shall make the franchise
               subject to cancellation unless and until the county shall have consented thereto,
               which consent will not be unreasonably withheld. For the purpose of determining whether
               it shall consent to such change, transfer, or acquisition of control, the county may
               inquire into the legal, financial, character, technical and other public interest
               qualifications of the prospective controlling party, and the grantee shall assist
               the county in any such inquiry. Failure to provide all information reasonably requested
               by the county as part of said inquiry may be grounds for denial of the proposed change,
               transfer or acquisition of control as provided herein or by federal laws and regulations.
               
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               (d)
               
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               <span class="ital">Assumption of control.</span> The county agrees that any financial institution having a pledge of the franchise
               or its assets for the advancement of money for the construction and/or operation of
               the franchise shall have the right to notify the county that it or its designees satisfactory
               to the county will take control and operate the cable television system. Further,
               said financial institution shall also submit a plan for such operation that will insure
               continued service and compliance with all franchise obligations during the term the
               financial institution exercises control over the system. The financial institution
               shall not exercise control over the system for a period exceeding one year, unless
               extended by the county at its discretion and during said period of time it shall have
               the right to petition for transfer of the franchise to another grantee. If the county
               finds that such transfer, after considering the legal, financial, character, technical
               and other public interest qualifications of the applicant are satisfactory, the county
               will transfer and assign the rights and obligations of such franchise as in the public
               interest. The consent of the county to such transfer shall not be unreasonably withheld.
               
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               (e)
               
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               <span class="ital">No waiver of county property rights.</span> The consent or approval of the county to any transfer of the grantee shall not constitute
               a waiver or release of the rights of the county in and to the streets, and any transfer
               shall, by its terms, be expressly subject to the terms and conditions of this chapter
               and the franchise.
               
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               (f)
               
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               <span class="ital">Transfer time periods.</span> In the absence of extraordinary circumstances, the county will not approve any transfer
               or assignment of the franchise prior to completion of initial construction of the
               proposed system.
               
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               (g)
               
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               <span class="ital">Signatory requirement.</span> Any approval by the county of transfer of ownership or control shall be contingent
               upon the prospective controlling party becoming a signatory to the franchise.
               
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               (h)
               
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               <span class="ital">Time frame for county review.</span> The county shall have 60 days to act upon any request for approval of such sale or
               transfer that contains or is accompanied by such information as is required in accordance
               with FCC regulations. If the county fails to render a final decision on the request
               within 60 days, such request shall be deemed granted unless the requesting party and
               the county agree to an extension of time.
               
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            <p class="incr0">
               (i)
               
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               <span class="ital">Pro forma transfers.</span> Notwithstanding anything to the contrary, no consent from the grantor shall be required
               for a transfer or assignment to an entity under common control with grantee provided
               that prior to such transfer, grantee provides to the county verifiable information
               to establish that such transferee under common control has the financial, legal and
               technical ability to fully perform all obligations of the franchise.
               
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            <p class="historynote0">
               (Ord. No. 1998-05, art. IV, Â§ 4.12, 2-16-98)
               
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