(a) City’s Consent Required for Assignment. The permittee shall not assign its permit or any rights or obligations accorded the permittee thereunder to any party without the prior written consent of the City, which shall not be unreasonably withheld. Further, the permittee agrees not to assign any billing or collection functions under this chapter to a subsidiary or parent without prior written notice to and written consent from the City, which shall not be unreasonably withheld. Should the permittee attempt to assign its ROW permit or its rights thereunder without the prior consent of the City, its ROW permit shall be subject to forfeiture or termination as provided herein, unless such assignment is ratified by the City for any and all costs incurred, including attorney fees, resulting from any such attempt to assign the ROW permit, in whole or part. A refusal by the City to approve an assignment of the ROW permit or the permittee’s rights thereunder shall be deemed reasonable, among other things, and without limitation, if and insofar as it relates to any requirement or condition of the City that the proposed assignee cure any existing default of the permittee thereunder and/or to any demonstration of the assignee’s qualifications equivalent to demonstrations of the permittee’s qualifications required hereunder, including, but not limited to, the technical and financial strength and operating experience of the assignee.
(b) Lessee to Obtain Permit. The permittee shall not lease any of its telecommunications facilities, system capacity, system bandwidth or use of the rights-of-way in which such are contained, to any persons or other entities providing telecommunications services, without first ensuring that such persons have obtained a revocable permit and other required permits or franchises from the City for the provision of such services, and without the prior written consent of the City.
(Ord. 322-97. Passed 1-18-00; Ord. 89-16. Passed 8-1-16.)