Ordinance 3610-18 - Laserfiche WebLink

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, internet access, private line services or Telecommunications distribution services or service elements by Grantee to any customer of Grantee. 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 such proposed successor shall have commercially reasonable financial qualifications in light of its obligations under this Franchise, assignment, or transfer, whichever financial qualifications are greater. The proposed assignee or transferee must agree in a duly notarized writing to comply with all of the provisions of the Franchise. Further, Grantee may pledge the assets of the Telecommunications System for the purpose of financing without the consent of the City; provided that such pledge of assets shall not impair or mitigate Grantee's responsibilities and capabilities to meet all of its obligations under the provisions of this Franchise. F. Grantee may sell or issue securities to its employees, or to the public, or in a private placement to private investors, in accordance with applicable law, without the consent of the City, provided, New Cingular Wireless PCS,LLC Small Cell Franchise 30 of 33