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sections of this ordinance. Such allocation shall be made to a special com- <br />mittee, consisting of five persons designated by the City Council and serving <br />without compensation, upon which City and Company representatives shall sit. <br />The determination of the use of all available funds shall be a responsibility <br />of the committee. The committee shall prepare detailed budgets and expense <br />statements for the review of the City Council. <br />Section 9. Transfer of Ownership or Control <br /> <br /> a) Any franchise granted hereunder shall be a privilege to be held for <br />the benefit of the public. This franchise shall not be assigned or transferred <br />either in whole or in part, or leased, sublet, or mortgaged in any manner, nor <br />shall title thereto, either legal or equitable, or any right, interest or prop- <br /> <br />erty therein, <br />of the City. <br />wholly-owned <br /> <br />pass to or vest in <br />The Company may, <br />subsidiary of the <br /> <br /> any person without the prior written consent <br /> <br />however, transfer or assign the franchise to m <br />Company and such subsidiary may transfer or <br /> <br />assign the franchise back to the Company without such consent. The proposed <br />assignee must show finaacial responsibility as determined by the City and must <br />agree to comply with all provisions of the franchise, and then only under such <br />conditions as the City may establish. Such consent as required by the City, <br />shall, however, not be unreasonably withheld. <br /> <br /> b) The Company shall promptly notify the City of any actual or pro- <br />posed change in, or transfer of, or acquisition by any other party of, control <br />of the Company. The word "control" as used herein is not limited to major <br />stockholders but includes actual working control in whatever manner exercised. <br />A rebuttable presumption that a transfer of control has occurred shall arise <br />upon the acquisition or accumulation by any person or group of persons of ten <br />percent (10%) of the voting shares of the Company. Every change, transfer, or <br />acquisition of control of the Company shall make the franchise subject to <br />cancellation unless and until the City shall have consented thereto, which <br />consent will not be unreasonably withheld. For the purpose of determining <br />whether it shall consent to such change, transfer, or acquisition of control, <br />the City may inquire into the legal, financial, character, technical and other <br />public interest qualities of the prospective controlling party, and the Company <br />shall assist the City in any such inquiry. <br /> <br />27 <br /> <br /> <br />