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NS-2468
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Last modified
1/3/2012 1:01:52 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2468
Date
6/4/2001
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(e) Federal or State Jurisdiction <br /> <br />This Part 2 will be construed in a manner consistent with all applicable federal <br />and state laws, and it applies to all franchises granted or renewed after the <br />effective date of this article, to the extent authorized by applicable law. <br /> <br />(f) Franchise Non-Transferable <br /> <br />(1) Grantee may not sell, transfer, lease, assign, sublet, or dispose of, <br />in whole or in part, either by forced or involuntary sale, or by ordinary sale, <br />contract, consolidation, or otherwise, the franchise or any of the rights or <br />privileges therein granted, without the prior written consent of the City <br />Council and then only upon such terms and conditions as may be <br />prescribed by the City Council, which consent may not be unreasonably <br />denied or delayed. Any attempt to sell, transfer, lease, assign, or <br />otherwise dispose of the franchise without the written consent of the City <br />Council is null and void. The granting of a security interest in any assets <br />of the Grantee, or any mortgage or other hypothecation, will not be <br />deemed a transfer for the purposes of this subsection. <br /> <br />(2) The requirements of subsection (1) apply to any change in control <br />of Grantee. The word "control" as used herein is not limited to the <br />ownership of major stockholder or partnership interests, but includes <br />actual working control in whatever manner exercised. If Grantee is a <br />partnership or a corporation, prior written authorization of the City Council <br />is required where ownership or control of 20 percent (20%) or more of the <br />partnership interests or of the voting stock of Grantee, or any company in <br />the tier of companies controlling the Grantee, whether directly or indirectly, <br />is acquired by a person or a group of persons acting in concert, none of <br />whom, individually or collectively, owns or controls those partnership <br />interests or that voting stock of the Grantee, or of Grantee's upper tier of <br />controlling companies, as of the effective date of the franchise. <br /> <br />(3) Grantee must give prior written notice to the City of any proposed <br />foreclosure or judicial sale of all or a substantial part of the Grantee's <br />franchise property. That notification will be considered by the City as <br />notice that a change in control of ownership of the franchise will take <br />place, and the previsions of this paragraph that require the prior written <br />consent of the City Council to that change in control of ownership will <br />apply. <br /> <br />(4) For the purpose of determining whether it will consent to an <br />acquisition, transfer, or change in control, the City may inquire as to the <br />qualifications of the prospective transferee or controlling party, and <br />Grantee must assist the City in that inquiry. In seeking the City's consent <br />to any change of ownership or control, Grantee or the proposed <br /> <br />Ordinance No. NS-2468 <br /> Page 5 of 24 <br /> <br /> <br />
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