§ 90-751. Transfers prohibited.

(a)

Except as otherwise expressly provided in this article, no part or element of a cable television system or any other real or personal property which is a part of the cable television system 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, nor shall there be any transfer or change of control of the licensee without the prior written consent of the cable television commission. Such consent of the commission shall not be unreasonably withheld.

(b)

A license issued pursuant to the provisions of this article shall not either, in whole or in part, 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 without the prior written consent of the cable television commission. Such consent of the commission shall not be unreasonably withheld.

(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.

(d)

As used in this section, the term "transfer or change of control" shall mean the acquisition of sufficient dominance to determine the operational and financial policies of the licensee, including but not limited to the disposition of its assets. The term "control," as used in this section, is not limited to major stockholders or financial interests but also includes actual working control in whatever manner exercised and includes, but is not limited to:

(1)

The acquisition of accumulation by any party or association of parties of ten percent or more of the voting shares or stock of the licensee or named owner of the licensee;

(2)

A change in general partners of a licensee or named owner of the licensee; or

(3)

A merger or consolidation of the licensee or named owner of the licensee.

(Ord. No. 97-12, § 2(5.75.700), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997; Ord. No. 2003-04, § 6, 7-9-2003)