A franchise, permit, license or other form of city-granted solid waste collection authorization shall not be transferable, except as follows:
(A) A franchise, permit, license or other form of city-granted solid waste collection authorization (collectively "license") shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the holder of the license nor by operation of law without the prior written consent of the city expressed by resolution. For purposes of this chapter, any sale, dissolution, merger, consolidation or other reorganization of the holder of the license or the sale or other transfer of an accumulative ten percent or more of the voting stock of a corporate licensee by any person, or group of persons acting in concert, who already own less than 50% of the voting stock of the holder of the license shall be deemed a change in control. Any attempt of the holder of the license to assign the license without the prior written consent of the city shall be void.
(B) An application for a transfer of a license shall be made in a manner prescribed by the City Manager. The application shall include a License Transfer Application Fee in an amount to be set by city by resolution of the Council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse city for direct and indirect expenses. In addition, the holder of the franchise, permit, license or other authorization granted by city shall reimburse the city for all reasonable consultants', attorneys' and staff costs not covered by the License Transfer Application Fee, whether or not the city approves the application for transfer. The city's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The holder of the license and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants', attorneys' and staff costs not covered by the License Transfer Application Fee.
(C) The applicant for a transfer of a license shall have the burden of demonstrating that it has the operational and financial ability to meet all obligations of the franchise, license, permit or other form of city authorization.
(D) The city shall not unreasonably withhold its consent to a transfer of the license.
(E) Notwithstanding the above, the holder of a license shall be entitled to pledge, encumber, or grant any security interest in the license provided that the holder shall first notify and obtain city consent to such transaction, subject to the following conditions:
(1) Any consent so granted shall not be deemed a consent to the exercise by such pledgee, encumbrancer, or secured party of any rights of the holder under the franchise, permit, license or other authorization unless so noted by the city;
(2) Any consent so granted shall not be deemed a consent to any subsequent transfer or assignment. Any subsequent transfer or assignment shall be deemed an assignment of the franchise, permit, license or other authorization within the meaning of this section and shall be void without the prior written consent of the city expressed by resolution; and
(3) The pledgee, encumbrancer or secured party shall execute and deliver to city a written instrument, in a form satisfactory to the City Attorney, expressing agreement to be bound by the provisions of the franchise, permit, license or other authorization.
(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)