§ 104-5. Notice of transfer, sale or assignment of assets in public rights-of-way.  


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  • A registrant shall not transfer, sell or assign all or any portion of its assets located in public rights-of-way except to a person holding a valid registration issued pursuant to section 104-4, hereof. Written notice of any such proposed transfer, sale, or assignment, along with assignee/transferee's signed and sworn certificate of its compliance with the requirements of this article, shall be provided by such registrant to the city at least five days prior to the effective date of the transfer, sale or assignment. If permit applications are pending in the name of the transferor/assignor, the transferee/assignee shall notify the city manager that the transferee/assignee is the new applicant. Violation of the requirements of this section 104-5 will subject the registrant to a fine of up to $500.00 for each day the registrant fails to comply; provided however, city does not claim the right to approve or deny registrants' asset transfers or assignments to communications services providers operating at least one communications facility within the city, and the failure to comply with this section does not void any such asset transfer or assignment. The city reserves in right to exclude persons other than communications services providers from its right-of-way. Transfers or assignments of a communications facility to persons other than a communications services provider who will operate at least one communications facility within the city require compliance with this section in insure continued use of the public right-of-way.

(Ord. No. 2001-3306, § 1, 5-16-01; Ord. No. 2015-3924, § 1, 2-11-15)