§ 9-3-83. Determination by city council.

(a)

Following receipt of an application for approval of a transfer and the administrator's recommendation, the city council shall determine whether to approve or deny the application, or approve it subject to conditions. In making this determination, the council shall consider the following factors:

(1)

the legal, financial and technical qualifications of the proposed transferee to operate the cable system in accordance with this chapter and the franchise agreement between the incumbent franchisee and the city;

(2)

whether the incumbent franchisee is in compliance with this chapter and its franchise agreement with the city, and, if not, the proposed transferee's commitment and ability to cure such noncompliance; and

(3)

whether the proposed transferee owns or controls any other cable system in the city.

(b)

Any transfer without the prior approval of the city council shall be ineffective, and shall make the franchise affected by the transfer subject to cancellation at the city's sole discretion and to any other remedies available under the franchise, this chapter or other applicable law.

(c)

Any mortgage, pledge or lease shall be subject and subordinate to the rights of the city under this chapter or other applicable law. (Ord. No. 4738, 10/15/11, Sec. 1)