A. 
Except as provided by either Section 4.40.020 or 4.40.030, no part or element of a cable communications system or any other real or personal property which is mandatorily included by Section 4.36.020 within a purchase which the city or its assignee is authorized to make shall be sold, transferred, assigned, mortgaged, pledged, leased, sublet or otherwise encumbered for any purpose whatsoever, nor shall title thereto, either legal or equitable, or any right or interest therein, pass to or vest in any party.
B. 
Except as provided by either Section 4.40.020 or 4.40.030, a franchise issued pursuant to the provisions of this chapter, either in whole or in part, shall not be sold, transferred, assigned, mortgaged, pledged, leased, sublet or otherwise encumbered for any purpose whatsoever; nor shall title thereto, either legal or equitable, or any right or interest therein, pass to or vest in any party.
C. 
Any such sale, transfer, assignment, mortgage, pledge, lease, sublease or other encumbrance of whatever kind or nature made in violation of the provisions of this section shall be void.
(County code § 11-1.1601)
A. 
Upon a written application by a grantee, the lender, and any and all signators or guarantors upon the proposed loan, the city council, in its sole discretion, from time to time, may consent by duly adopted resolution to the sale, transfer, assignment, mortgage, pledge, lease, sublease or other encumbrance upon real or personal property mandatorily included by Section 4.36.020 within a purchase which the city or its assignee is authorized to make, or upon a franchise issued pursuant to the provisions of this title, for the purpose of securing a loan or capital or constituting a purchase money security interest. Such information concerning the identity and background of the lender, terms of the transaction, intended expenditure of the capital, and other matters relating to the transaction shall be provided as is required by the city council or its authorized representative. If, in its sole discretion, the city council elects to approve such encumbrance or encumbrances, such approval may be granted upon such terms and conditions as the city council determines to be appropriate, including, but not limited to, the following:
1. 
The purpose for which the capital to which the encumbrance relates will be utilized, including guarantees relating to the expenditure or disposition of such capital;
2. 
The terms and conditions of the encumbrance instruments relating to such matters as default and the rights of the lender and successors in interest in relation thereto;
3. 
The amount of the encumbrance and types of properties encumbered;
4. 
The subordination of the encumbrance to the rights of the city, under the franchise, consistent with the terms and conditions of the encumbrance approved by the city council; and
5. 
An agreement by any party in whose name the loan secured by the encumbrance is made or any signator or guarantor thereon to be bound by the terms, conditions, provisions and requirements of the franchise documents, in addition to the party or parties in whose names the franchise is issued by the franchise agreement and certificate of acceptance.
B. 
The city council by resolution shall be authorized to delegate its power to consent in writing to such encumbrance for financing purposes of individual items of property described by Section 4.36.020, subject to the limitations prescribed.
(County code § 11-1.1602)
The city council, pursuant to the provisions of Section 4.40.050, may consent by duly adopted resolution to the sale, transfer, assignment, mortgage, pledge, lease, sublease or other transfer of right, title or interest in property mandatorily included by Section 4.36.020 within that authorized to be purchased, or in a franchise issued pursuant to the provisions of this title, when such transfer is for a purpose other than securing a loan of capital. Any such transfer shall be subject and subordinate to the rights of the city under the franchise documents for the franchise, and the transferee shall acknowledge in writing such subordination and agreement to comply with and be bound by the terms, conditions, provisions and requirements of the franchise documents.
(County code § 11-1.1603)
Every change, transfer or acquisition of control of the grantee or of any owner of the grantee who is named in the ordinance offering the franchise shall render the franchise subject to cancellation by the city council, unless the city council consents thereto by duly adopted resolution pursuant to the provisions of Section 4.40.050. As used in this section, the word "control" shall mean the acquisition of sufficient dominance to determine the operational and financial policies of the grantee, including the disposition of its assets. A rebuttable presumption that a transfer of control has occurred shall arise upon:
A. 
The acquisition or accumulation by any party or association of parties of ten percent or more of the voting shares of stock of the grantee or named owner of the grantee;
B. 
A change in the general partners of a grantee or named owner of the franchise; or
C. 
A merger or consolidation of the grantee or named owner of such grantee. The presumption shall be subject to rebuttal only by determination by the city council.
(County code § 11-1.1604)
A. 
A grantee shall file written notice with the city clerk as soon as the grantee acquires knowledge of any impending transaction or other event, consent to which by the city council is required by Section 4.40.030 or 4.40.040. The written notice shall be filed not less than ninety calendar days in advance of the proposed effective date of the transaction or event for which consent is required.
B. 
The notice shall state the name or names and address or addresses of the party or parties who are interested in the transaction or event and describe the details of the transaction or event. In the event of a voluntary assignment, transfer, lease, sublease, mortgage or other encumbrance, a copy of the executed or proposed agreement shall be filed with the notice. Any written acknowledgment of subordination to the rights of the city under the franchise documents and agreement to comply with and be bound thereby required by the provisions of Section 4.40.030 shall be filed with the notice.
C. 
The grantee shall immediately submit such additional information concerning such a transaction as the city council or other authorized representative of the city may request.
D. 
The city council shall schedule a public hearing to determine whether the consent required by the provisions of Section 4.40.030 or 4.40.040 will be given. Notice of the hearing shall be given in the manner prescribed by Section 4.08.060. The hearing shall be commenced not later than sixty calendar days following the filing of the notice by the grantee pursuant to this section. At the conclusion of the hearing the city council shall determine whether consent will be given.
E. 
In the hearing to determine whether consent will be given, the grantee (proposed transferor) shall have the burden of proving by clear and convincing evidence each of the following factors:
1. 
That the reputation, responsibility, integrity and reliability of the party or parties to whom the transfer is contemplated, and of the directors, officers, employees and agents thereof, is equal to that of the parties obligated under the franchise documents;
2. 
That the financial capability and capacity of the party or parties to whom the transfer is contemplated is equal to that of the parties obligated under the franchise documents;
3. 
That the terms, conditions or other circumstances of the transfer are not likely to result in an increase in the rates or charges for services;
4. 
That at the time of the transfer the grantee is in compliance with the terms, conditions and requirements of the franchise documents and any rules, regulations or determinations promulgated thereunder;
5. 
That the installation of the cable television system has been completed in the manner and within the times prescribed by Section 4.12.020. In the absence of extraordinary circumstances, a transfer shall not be approved in advance of such completion; and
6. 
That the transaction would not detrimentally affect the public interest.
F. 
The determination by the city council as to whether to give such consent shall be vested within the sole discretion of the city council but shall be based exclusively upon the factors prescribed by subsection E of this section. Such consent may be given upon such express conditions relating to such factors, including the maintenance or operation of the cable communications system, services to be provided, rates and charges for services, management of the franchise business, and other requirements relating to the franchise, as the city council, in its sole discretion, may order.
G. 
In the event the city council does not consent, and the grantee seeks a judicial review of the city council's decision, the grantee agrees, by the filing of the certificate of acceptance, that the decision of the city council shall be upheld by a trial or appellate court if there is any substantial evidence supporting the decision of the city council as to any of the prescribed factors set forth in subsection E of this section.
(County code § 11-1.1605)
A. 
A grantee seeking city approval of transfer of control or transfer of a franchise shall reimburse the city for all costs incurred (including any consultants or legal expenses incurred by the city) in the processing of such approval, regardless of whether or not approval is granted.
B. 
Concurrently with the filing of written notice as required by Section 4.40.050, the grantee shall deposit with the city clerk ten thousand dollars to defray the cost of processing such approval. Grantee shall pay such further sums as may be necessary if the city's costs exceed the original deposit. In the event that the city's costs are less than the original deposit, the excess shall be refunded to the grantee upon the conclusion of the process for approving or disapproving transfer of control or transfer of the franchise.
(Ord. 01-01 § 2)
The city council shall have the right to cancel a franchise one hundred twenty calendar days after the appointment of a receiver or trustee to take over and conduct the business of the grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of one hundred twenty calendar days, or unless within such one hundred twenty calendar day period the receiver or trustee shall both:
A. 
Have fully complied with all of the provisions of the franchise documents and any rules, regulations or determinations promulgated thereunder; and
B. 
Have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee acknowledges that its rights are subject and subordinate to those of the city under the franchise documents and any orders, directives, rules or regulations issued thereunder.
(County code § 11-1.1607)
Each grantee shall execute a document in a form determined by the city evidencing the franchise documents appropriate for recording in the office of the city clerk and a financial statement in a form determined by the city for filing pursuant to the provisions of Sections 9401 through 9403 of the Commercial Code of the state.
(County code § 11-1.1608)
No grantee shall have any recourse whatsoever against the city or its officers, agents or employees, for any loss, costs, expenses or damages arising out of or resulting from any provision or requirement of the franchise documents, or any rule, regulation, requirement or directive promulgated thereunder, or because of the enforcement of any provision of the franchise documents, or any rule, regulation, requirement or directive promulgated thereunder, or in the event any provision of the franchise documents, or any rule, regulation, requirement or directive promulgated thereunder, is determined to be invalid.
(County code § 11-1.1609)
A grantee shall not be relieved of any obligation to comply with any of the provisions of the franchise documents, or any rule, regulation, requirement or directive promulgated thereunder, by reason of any failure of the city or its officers, agents or employees, to enforce prompt compliance.
(County code § 11-1.1610)