Ordinance 2613-02 - Laserfiche WebLink

(C) The parties to the sale or transfer or change in control shall make a written request to the City for its approval of a sale or transfer or change in control and furnish all information required by law. (D) In seeking the City's consent to any change in ownership or control, the proposed transferee or new controlling entity shall indicate whether, as applicable, it: (1) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (2) Has ever had a judgment in an action for fraud, deceit or misrepresentation entered against it by any court of competent jurisdiction; (3) Has pending any material legal claim, lawsuit or administrative proceeding arising out of or involving a cable system; (4) Is financially solvent, by submitting fmancial data including financial statements that are audited by a certified public accountant who may also be an officer of the transferee or new controlling entity, along with any other data that the City may reasonably require; and (5) Has the financial, legal and technical capability to enable it to maintain and operate the Cable System for the remaining term of the Franchise. (E) The City shall act on the request within one hundred twenty (120) days of the request, provided it has received all information required by FCC Form 394 or its successor. Subject to the foregoing, if the City fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. (F) Within thirty (30) days of any transfer or sale or change in control, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or change in control, certified and sworn to as correct by Grantee and the transferee or new controlling entity. In case of a sale or transfer of ownership, the transferee shall file its written acceptance agreeing to be bound by all of the provisions of this Franchise, subject to applicable law. In the event of a change in control, in which the Grantee is not replaced by another entity, the Grantee will continue to be bound by all of the provisions of the Franchise, subject to applicable law, and will not be required to file an additional written acceptance. (G) In reviewing a request for sale or transfer or change in control, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City may condition said sale or Page 54 of 58