(A) The operator's franchise may not be assigned or transferred in whole, or in part, without the prior express written approval by the city.
(B) Any attempted assignment or transfer without such prior written consent shall constitute a default of such franchise.
(C) In the event of such a default, the city shall proceed according to the procedure set forth in this chapter, and any applicable state or federal law.
(D) The operator shall petition in writing for the city's written consent for a proposed assignment or transfer.
(E) The city will not unreasonably withhold its consent to such an assignment or transfer. However, in making such a determination, the city may consider the following provided, however, that the city will respond within the time frame mandated by federal law:
(1) Experience of proposed assignee or transferee (including conducting an investigation of proposed assignee or transferee's service record in other communities);
(2) Qualifications of proposed assignee or transferee;
(3) Financial ability and stability of the proposed assignee or transferee;
(4) The character of proposed assignee or transferee; and
(5) The corporate connection, if any, between the operator, and proposed assignee or transferee.
(F) Notwithstanding the foregoing, no consent shall be required for the operator to hypothecate or mortgage the operator's assets or in the case of corporate reorganization where control of the corporation does not change.
(Ord. O-19-08, passed 11-11-08)