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1973 Ordinances
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1973 Ordinances
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8/27/2001 12:53:32 PM
Creation date
6/27/2001 4:58:16 PM
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Ord/Resolutions
Year
1973
Ord/Resolutions - Type
Ordinances
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Every change, transfer or acquisition of control of the <br />franchisee shall make the franchise subject to cancellation unless <br />and until the council shall have consented thereto. For the purpose <br />of determining whether it shall consent to such change, transfer or <br />acquisition of control, the council may inquire into the qualifica- <br />tions of the prospective controlling party, and the franchisee <br />shall assist the council in any such inquiry. If the council does <br />not schedule a hearing on the matter within sixty (60) days after <br />notice of the chan~e or proposed change and the filing of a peti- <br />tion requesting its consent, it shall be deemed to have consented. <br />In the event that the council adopts a resolutioh denying its con- <br />sent and such change, transfer or acquisition of control has been <br />effected~ the council may cancel the franchise unless control of <br />the franchise is restored to its status prior to the changer or to <br />a status acceptable to the council. <br /> <br /> (d) Nothing in this section shall be deemed to prohibit <br />a mortgage or pledge of the system~or any part thereof, for financing <br />purposes or otherwise° Any such mortgaged pledge or lease shall be <br />subject ann subordinate to the rights of the city under this ordi- <br />nance, or applicable law. <br /> <br />Section 5A-!4. Right of city to purchase system° <br /> <br /> (a) In the event that the council revokes or terminates <br />the franchise, pursuant to sections 5A-73 and 5A-74 of this ordi- <br />nance, the city shall have the right to purchase the system at a <br />price not to exceed its then book value (that is, original cost of <br />the physical property less accumulated depreciation). The book <br />value shall be determined by the city in accordance with generally <br />accepted appraisal and accounting principles. Under no circumstances <br />shall any valuation be made for "good will" or value of the franchise <br />or any right or privilege ~ranted by this franchise. <br /> <br /> (b) The city shall have the right to purchase the system <br />upon expiration of the franchise or any renewal thereof. The city <br />may, during the fourteenth year of this franchise, initiate pro- <br />cedures to determ!ne the advisability and feasibility of the purchase <br />of the system by the city. Should the council decide to purchase <br />the system, it shall do so at the then fair market value as deter- <br />mined by generally accepted appraisal and accounting principles. Under <br />no circu~stances shall any valuation be made for "good will" or value <br />of the franchise or any right or privilege granted by this franchise. <br /> <br /> (c) In order that the city may freely exercise its right <br />to purchase the system as set forth in subsections (a) and (b) above, <br />the franchisee shall give notice to all parties with whom it con- <br />tracts of the city's paramount right of purchase as set forth in <br /> <br /> <br />
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