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BC 1998 02 16
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BC 1998 02 16
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Meeting Minutes
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Minutes
Meeting Minutes - Date
2/16/1998
Board
Board of Commissioners
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5O5 <br /> <br />reasonably related to the qualifications of the assignee and or related to <br />the applicant's capability to meet the requirements of the Franchise and this <br />Ordinance, and as the County may establish. <br /> B. Transfer Threshold. The Grantee shall promptly notify the County <br /> of any actual or proposed change in, or transfer of, or acquisition by any <br /> other party of, control of the Grantee. The word "control" as used herein is <br /> not limited to major stockholders but includes actual working control in <br /> whatever manner exercised. A rebuttable presumption that a transfer of <br /> control has occurred shall arise upon the disposal by the Grantee, directly <br /> or indirectly, by gift, assignment, voluntary sale, merger, consolidation or <br /> otherwise, of twenty-five percent (25%) or more at one time of the ownership <br /> or controlling interest in the system, or fifty (50%) percent cumulatively <br /> over the term of the Franchise of such interests to a corporation, <br /> partnership, limited partnership, trust or association, or person or group of <br /> persons acting in concert. <br /> C. County Approval. Every change, transfer, or acquisition of <br /> control of the Grantee shall make the Franchise subject to cancellation <br /> unless and until the County shall have consented thereto, which consent will <br /> not be unreasonably withheld. For the purpose of determining whether it <br /> shall consent to such change, transfer, or acquisition of control, the County <br /> may inquire into the legal, financial, character, technical and other public <br /> interest qualifications of the prospective controlling party, and the Grantee <br /> shall assist the County in any such inquiry. Failure to provide all <br /> information reasonably requested by the County as part of said inquiry may be <br /> grounds for denial of the proposed change, transfer or acquisition of control <br /> as provided herein or by Federal laws and regulations. <br /> D. Assumption of Control. The County agrees that any financial <br /> institution having a pledge of the Franchise or its assets for the <br /> advancement of money for the construction and/or operation of the Franchise <br /> shall have the right to notify the County that it or its designees <br /> satisfactory to the County will take control and operate the cable television <br /> system. Further, said financial institution shall also submit a plan for <br /> such operation that will insure continued service and compliance with all <br /> Franchise obligations during the term the financial institution exercises <br /> control over the system. The financial institution shall not exercise <br /> control over the system for a period exceeding one year, unless extended by <br /> the County at its discretion and during said period of time it shall have the <br /> right to petition for transfer of the Franchise to another Grantee. If the <br /> County finds that such transfer, after considering the legal, financial, <br /> character, technical and other public interest qualifications of the <br /> applicant are satisfactory, the County will transfer and assign the rights <br /> and obligations of such Franchise as in the public interest. The consent of <br /> the County to such transfer shall not be unreasonably withheld. <br /> E. No Waiver of County Property Rights. The consent or approval of <br /> the County to any transfer of the Grantee shall not constitute a waiver or <br /> release of the rights of the County in and to the streets, and any transfer <br /> shall, by its terms, be expressly subject to the terms and conditions of this <br /> Ordinance and the Franchise. <br /> F. Transfer Time Periods. In the absence of extraordinary <br /> circumstances, the County will not approve any transfer or assignment of the <br /> Franchise prior to completion of initial construction of the proposed system. <br /> G. Signatory Requirement. Any approval by the County of transfer of <br /> ownership or control shall be contingent upon the prospective controlling <br /> party becoming a signatory to the Franchise. <br /> H. Time Frame for County Review. The County shall have 60 days to <br /> act upon any request for approval of such sale or transfer that contains or <br /> is accompanied by such information as is required in accordance with FCC <br /> regulations. If the County fails to render a final decision on the request <br /> within 60 days, such request shall be deemed granted unless the requesting <br /> party and the County agree to an extension of time. <br /> I. Pro Forma Transfers. Notwithstanding anything to the contrary, <br /> no consent from the Grantor shall be required for a transfer or assignment to <br /> an entity under common control with Grantee provided that prior to such <br /> transfer, Grantee provides to the County verifiable information to establish <br /> that such transferee under common control has the financial, legal and <br /> technical ability to fully perform all obligations of the Franchise. 4.13 FRANCHISE RENEWAL. <br /> A. Renewal Discretionary. Upon completion of the term of any <br />Franchise granted under this Ordinance, the County may in its sole discretion <br />grant or deny renewal of the Franchise of the Grantee in accordance with the <br />provisions of the Cable Act. The Grantee shall own the cable television <br />system, but shall have no property right in the public rights of way upon the <br />completion of the Franchise term. <br /> <br /> <br />
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