Ordinance 3302-12 - Laserfiche WebLink

a 11.5. Failure to Construct or Acquire This Franchise terminates without further action by the City, notice of default, or opportunity to cure, if Grantee fails to commence construction or acquire existing Facilities within ninety (90) days of the effective date of this Franchise as provided in section 3.3. 12. FRANCHISE TRANSFER A. The Franchise granted by the City and the Telecommunications System in the public rights of way of the City subject to the Franchise shall not be leased, assigned, or otherwise alienated without the express consent of the city by ordinance, and no dealing with the lessee or assignee on the part of the city to require the performance of any act or payment of any compensation by the lessee or assignee shall be deemed to operate as such consent. The Grantee shall promptly notify the City of any actual or proposed lease, assignment or other alienation of the Franchise and the Telecommunications System in the public rights of way of the City. The parties to the proposed lease, assignment or other alienation of the Franchise and the Telecommunications System in the public rights of way of the Franchise shall make a written request to the City for its approval of a sale or transfer and furnish all information required by law and the City. Nothing contained herein shall require the approval of the City for the provision of telecommunications services or service elements by Franchisee to any customer of Franchisee. B. The City shall act by ordinance on the request within one hundred twenty (120) days of the request, provided it has received all requested information. 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. C. Within thirty (30) days of any lease, assignment or other alienation, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other duly notarized written instrument evidencing such lease, assignment or other alienation, certified and sworn to as correct by Grantee and the transferee, and the transferee shall file its written acceptance agreeing to be bound by all of the provisions of this Franchise, subject to applicable law. D. In reviewing a request for sale or transfer, the City may inquire into the financial and operational qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City may condition said lease, assignment or other alienation upon such terms and conditions as it deems reasonably appropriate, provided, however, any such terms and conditions so attached shall be related to the financial and operational qualifications of the prospective controlling party or transferee and to the resolution of outstanding and unresolved issues of noncompliance with the terms and conditions of this Franchise by Grantee. Additionally and where necessary, the FCC must certify the prospective transferee or assignee as a Telecommunications System Operator prior to the effectiveness of any transfer or assignment. E. Notwithstanding anything to the contrary in this subsection,the prior approval of the City shall not be required for any sale,assignment or transfer of the Franchise or Telecommunications System to an entity controlling, controlled by or under the same common control as Grantee,provided that 27 of 30