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<br />Following such public hearings or other procedures, the City Commission <br />shall determine whether the franchise should be renewed and the terms and <br />conditions of any renewal. <br /> <br />(5) If the City Commission grants a renewal application, the City and the <br />franchisee shall agree on the terms of a franchise agreement, pursuant to the <br />procedures specified in subsections 7(e)-(h) of this article, before such <br />renewal becomes effective. <br /> <br />(6) If renewal of a franchise is lawfully denied, the City may acquire ownership <br />ofthe cable system or effect a transfer of ownership of the system to another <br />person upon approval of the City Commission. Any such acquisition or <br />transfer shall be at fair market value, determined on the basis of the cable <br />system valued as a going concern but with no value allocated to the franchise <br />itself. The City may not acquire ownership of the system while an appeal of <br />a denial for renewal is pending in any court pursuant to S 546( e). <br /> <br />Sec. 21. <br /> <br />(7) If renewal of a franchise is lawfully denied and no appeal to a court is <br />pending, and the City does not purchase the cable system or approve or effect <br />a transfer of the cable system to another person, the City may require the <br />former franchisee to remove its facilities and equipment at the former <br />franchisee's expense. If the former franchisee fails to do so within a <br />reasonable period oftime, the City may have the removal done at the former <br />franchisee's and/or surety's expense. <br />Transfer/sale/assi&nment. <br /> <br />(a) No transfer of a franchise shall occur without prior approval of the City. <br /> <br />(b) An application for a transfer of a franchise shall meet the requirements of Section 7 <br />hereof, and provide complete information on the proposed transaction, including details on the legal, <br />financial, technical and other qualifications of the transferee, and on the potential impact of the <br />transfer on subscriber rates and service. Except in the case of pro forma transfer, the application <br />shall provide, at a minimum, the information required in subsections 7(f)(1) - (f)(5) and (f)(14) with <br />respect to the proposed transferee. The information required in subsections 7 (f)( 6) - (f)( 13) shall also <br />be provided whenever the proposed transferee expects material changes to occur in those areas. <br /> <br />(c) An application for approval of a pro forma transfer of a franchise shall be considered <br />granted on the 61 st calendar day following the filing of such application with the City unless, prior <br />to that date, the City notifies the franchisee to the contrary. An application for approval of a pro <br />forma transfer of a franchise shall clearly identify the application as such, describe the proposed <br />transaction, and explain why the applicant believes the transfer is pro forma. Unless otherwise <br />requested by the City within 30 calendar days of the filing of an application for a pro forma transfer, <br />the applicant shall be required only to provide the information required in subsections 7(f)(1), (3) <br />and (14) with respect to the proposed transferee. <br /> <br />Cable Ordinance <br /> <br />-36- <br />