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 Winter Park
 Code of Ordinances
 Chapter 30. CABLE COMMUNICATIONS
 Article II. FRANCHISE

  § 30-45. Transfers.  

Latest version.

  • (a)

    A cable communications franchise shall not be sold, assigned or transferred, either in whole or in part, or leased, sublet or mortgaged in any manner nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without the prior written consent of the city. No such consent shall be required for a mortgage or other hypothecation as a whole or in part to secure an indebtedness.

    (b)

    The proposed assignee must show technical ability, financial capability, legal qualifications and general character qualifications as determined by the city and must agree to comply with all provisions of the franchise and such conditions as may be prescribed by the city commission. The city shall be deemed to have consented to a proposed transfer or assignment in the event that it has not taken action within 120 days following receipt of written notice of the proposed transfer or assignment, unless the grantee and the city agree to an extension of time.

    (c)

    The grantee shall promptly notify the city of any actual or proposed change in or transfer of or acquisition by any other party of control of the grantee. The word "control" as used in this subsection is not limited to major stockholders but includes actual working control in whatever manner exercised. Every change, transfer or acquisition of control of the grantee shall make the franchise subject to cancellation unless and until the city shall have consented thereto. For the purpose of determining whether the city shall consent to such change, transfer or acquisition of control, the city may inquire into the qualifications of the prospective controlling party and the grantee shall assist the city in any such inquiry.

    (d)

    A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of ten percent of the voting interest of the grantee, except where a single person who has been approved to control the grantee retains more than 50 percent of the voting interest of the grantee.

    (e)

    The consent or approval of the city commission to any transfer of the franchise shall not constitute a waiver or release of the rights of the city in and to the streets, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of a franchise.

    (f)

    In the absence of extraordinary circumstances, the city will not approve any transfer or assignment of a franchise prior to substantial completion of construction of the proposed system.

    (g)

    A transfer of ownership or control shall not be approved without the successor in interest becoming a signatory to the franchise agreement.

(Code 1960, § 8A-26; Ord. No. 2287, § 1, 10-27-98)

Editor's note

Ord. No. 2287, § 1, adopted Oct. 27, 1998, repealed the former § 30-45 and renumbered §§ 30-46—30-55 as 30-45—30-54. The history notation has been retained in the renumbered sections for reference purposes. The former § 30-45 pertained to gross revenue calculations and derived from Code 1960, § 8A-39.