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(A) A right-of-way occupancy permit shall not be assigned or transferred, either in whole or in part, without the prior written consent of the city, which consent shall not be unreasonably withheld. Any assignment or transfer of right-of-way occupancy permit, including an assignment or transfer by means of a fundamental corporate change, requires the written approval of the city. For purposes of this section, fundamental corporate change means the sale or transfer of a controlling interest in the stock of a corporation or the sale or transfer of all or a majority of a corporation’s assets, merger (including a parent and its subsidiary corporation), consolidation or creation of a subsidiary corporation. For the purposes of this section, fundamental partnership change means the sale or transfer of all or a majority of a partnership’s assets, change of a general partner in a limited partnership, change from a limited to a general partnership, incorporation of a partnership, or change in the control of a partnership.
(B) The parties to the assignment or transfer of right-of-way occupancy permit shall make a written request to the city for its consent in the form of the right-of-way occupancy permit application. The city shall reply in writing within 60 days of actual receipt of the request and shall indicate its decision.
(C) Notwithstanding anything to the contrary, no such consent or approval shall be required for a transfer or assignment to any person controlling, controlled by or under the same common control of the original holder of the right-of-way occupancy permit.
(Ord. 8710, passed 9-17-2018)