Laserfiche WebLink
ORDINANCE NO. 2000- <br />PAGE 10 <br />(2) Any sale required by operation of any law or any act of the federal <br />government, the state or the Village; or <br />(3) Any sale, assignment, or transfer, to one or more purchasers, assignees, <br />ortransferees controlled by, controlling, or under common control with, the seller, assignor, <br />or transferor or its affiliate. <br />(d) In the case of any sale or transfer of ownership of any franchise and/or cable <br />system, the Village shall have 120 days to act upon any request for approval of such sale <br />or transfer that contains or is accompanied by such information as is required in <br />accordance with Federal Communications Commission Regulations, the requirements of <br />this chapter and such other reasonable information as the Village, in its sole discretion, may <br />request. During the review period, the Grantor may advise the Grantee that a public <br />hearing is deemed necessary to evaluate any potential adverse effect of the sale or transfer <br />upon Grantee's subscribers. In such event Grantee shall receive written notice of the <br />hearing, and of the opportunity to participate fully in such hearing, as far in advance as <br />possible, and in no event less than 14 days prior to the start of the hearing. If the Village <br />fails to render a final decision on the request within 120 days from receipt and <br />acknowledgment by the Village of all required information, such request shall be deemed <br />granted unless the requesting party and the Village agree to an extension of time. Such <br />request to transfer may be conditioned upon the performance of additional requirements <br />reasonably imposed upon Grantee by Grantor, and the payment of anon-refundable <br />transfer fee of $5,000. <br />(e) Grantee shall notify Grantor in writing of any foreclosure or any other judicial <br />sale of all or a substantial part of the franchise property of the Grantee or upon the <br />termination of any lease or interest covering all or a substantial part of said franchise <br />property. Such notification shall be considered by Grantor as notice that a change in control <br />or ownership of the franchise has taken place and the provisions under this section <br />governing the consent of Grantor to such change in control or ownership shall apply. <br />(f) For the purpose of determining whether it shall consent to such change, <br />transfer, or acquisition of control, Grantor may inquire into the qualifications of the <br />prospective transferee or controlling party, and Grantee shall assist Grantor in any such <br />inquiry. In seeking Grantor's consent to any change of ownership or control, Grantee shall <br />have the responsibility of insuring that the transferee completes an application inform and <br />substance reasonably satisfactory to Grantor, which application shall include the <br />information required under state and federal law as well as under subsections (b)(1) <br />through (7) of §945.13 of this chapter. An application, acceptable to the Village, shall be <br />submitted to Grantor not less than 120 days prior to the date of proposed transfer. The <br />transferee shall be required to establish that it possesses the legal, technical and financial <br />qualifications to operate and maintain the system and comply with all franchise <br />requirements for the remainder of the term of the franchise. If, after considering the legal, <br />