1998 ORD O-18-98 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10.40.030 Franchise Terms and Conditions. (a) All franchises granted to franchisees pursuant to this chapter shall be non-exclusive and shall be for a term of no longer than six (6) years as specified by the city council in the resolution or ordinance granting a franchise hereunder and in the franchise agreement between the city and the franchisee. (b) No provisions of this chapter shall be deemed to require the number of franchises to exceed four (4), and no provision of this chapter shall be deemed to require the city council to grant any franchise if the council determines that the grant of any such franchise is not in the best interest of the city and the public. (c) All tow truck operator franchises shall be subject to the terms and conditions specified in this chapter as well as any terms or conditions specified in the resolution granting the franchise and the franchise agreement. (d) In granting any tow truck operator franchise, the city council may prescribe such other terms and conditions, not in conflict with this chapter, as are determined by the city council to be in the best interest of the city and the public. 10.40.040 Transfer or Assignment of Franchise. A tow truck operator franchisee shall not sell, transfer, lease, assign, sublet, mortgage or dispose of in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges therein granted, without the prior written consent of the city council. The city council's approval of a transfer or assignment of a franchise granted pursuant to this chapter shall be conditioned upon the franchisee's sale or disposal of all ownership rights in the franchised tow truck business. A tow truck operator franchisee that desires to transfer or assign its franchise, because he or she intends to sell or dispose of all interests in the tow truck business that is franchised with the city, shall make a written request for a transfer or assignment of the franchise. The written request, a deposit of One Thousand Dollars ($1,000) and the proposed sale agreement or other document evidencing disposal of the franchised tow truck business shall be submitted to the Finance Department at least one hundred twenty (120) calendar days before the requested effective transfer or assignment date. The Finance Department and the Police Department shall investigate the proposed transferee or assignee and determine whether the transferee or assignee is qualified to serve as a tow truck operator franchisee pursuant to the criteria and requirements set forth in this chapter. If the Finance Department and Police Department determine that the proposed transferee or assignee is qualified to be a tow truck operator franchisee, they shall recommend that the city council approve the transfer or assignment. Upon completion of the city council's approval or denial, the Finance Department shall provide the tow truck operator that requested the transfer or assignment with an accounting of the administrative and legal costs associated with the city's review of the franchisee's request for a transfer or assignment of the franchise refund accordingly. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the prior consent of the city council shall be null and void. RVPUB\SRC\46567 -2-