59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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(1) The City is notified of the proposed transfer on or before the date of transfer; and (2) The transferee fully complies with this chapter within sixty (60) days of the transfer, including, but not limited to: (A) All information required by the application for consent to Occupy or Use the Public Right -of -Way pursuant to Section 904.02, or Registration required by Section 904.03 of this chapter; and (B) Any other information reasonably required by the City. (k) Transactions Affecting Control of Consent. Any transactions that singular- ly or collectively result in a change of twenty -five percent (25 %) or more of the ownership or ultimate working control of a Service Provider, of the ownership or working control of the Service Provider's Facility, or of con- trol of the capacity or bandwidth of the Service Provider's System, Facili- ties or substantial parts thereof, shall be considered an assignment or trans- fer pursuant to Section 904.04(k) hereof. Transactions between Affiliated entities are not exempt from Section 904.04(k). (1) Revocation of Consent. Consent granted by the City to Occupy or Use the Public Right -of -Way of the City may be revoked for any one of the follow- ing reasons unless revocation is clearly prohibited by state or federal law: (1) Construction, Reconstruction, installation, location, operation or Exca- vation at an unauthorized location. (2) Construction, Reconstruction, installation, location, operation or Exca- vation in violation of City safety or Construction requirements. (3) Material misrepresentation or lack of candor by or on behalf of a Ser- vice Provider in any Permit application or registration required by the City. (4) Failure to relocate or remove Facilities, or failure to restore the Public Right -of -Way, as required by this chapter. (5) Failure to pay fees, costs, taxes or compensation when and as due the City. (6) Insolvency or bankruptcy of the Service Provider. (7) Violation of material provisions of this chapter. (m) Notice and Duty to Cure. In the event that the Director believes that grounds exist for revocation of consent to Occupy or Use the Public Right - of -Way, he shall give the Service Provider written notice of the apparent vi- olation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Service Provider a reasonable period of time not exceeding thirty (30) days to furnish evidence: (1) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; {02299394 - 11