1986 Rec./Disb./Resolutions & Minutes

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Pertinent Franchise Provision The standard of review in this matter is the relevant portion of Article 'XII, Section 1 of Cable Communications Franchise Ordinance, which provides in part as follows: This Franchise shall not be assigned or trans- ferred, either in whole or in part, or leased, sublet or mortgaged in any manner, not shall title thereto, either legal or equitable or any right, interest or property therein, pass to or vest in any person without the prior written consent of City, which consent shall not be unreasonably withheld. Furt~er Grantee shall not sell or transfer any stock or owner- ship interest so as to create a new controll- ing interest except with the consent of City, which consent shall not be unreasonably with- held. The transfers described in this para- graph shall, in the sole discretion of City, be considered a sale or transfer of Franchise within the mean~ng and intent in the following paragraph. . Similarly, Minnesota Statutes Section 238.083, subdivi- sion 4 provides: A. .'~: * Within 30 days after the public hearing, the fran- chising authority shall approve or deny in writing the sale or transfer request. The approval must not be unreasonably withheld. Based upon the foregoing Findings of Fact, the North Central Suburban Cable Communications Commission II makes the following: CONCLUSIONS 1. The Commission, on behalf its Member Ci.ties, gave proper notice of the public hearing in this matter, has ful- filled all relevant substantive and procedural require- ments of law or rules and has the authority to make a determination as to Transaction No.2 and to recommend that determination to its Member cities. 2. North Central has met the legal and character qualifica- tions. 3. North Central has met the technical qualifications. - 6 ..... ~~ .,... '-~T"'-.'.'~'1f: