§ 90-66. Transfers and forfeitures.

(a)

Any license issued under this subdivision shall be a privilege which is personal to the original license holder, and it shall not be sold, transferred, leased, assigned or disposed, in whole or in part, either by sale, merger, consolidation or otherwise, without the prior consent of the board of county commissioners expressed by resolution, and then only under such conditions as therein may be prescribed.

(b)

Any such transfer or assignment of the license shall be made only by an instrument in writing, which shall include an acceptance of all terms and conditions of the license by the transferee, a duly executed copy of which shall be filed with the board of county commissioners within 30 days of such transfer or assignment.

(c)

Consent of the board of county commissioners shall not be granted until it has examined the proposed transferee's legal, financial and technical character and other qualifications as set forth in this division for the operation and maintenance of the services for collection, transport or disposal of solid waste.

(d)

Consent of the board of county commissioners shall not be arbitrarily refused; provided, however, that the proposed transferee possesses the requisite qualifications and agrees, in writing, to comply with all sections of this article and the previously issued license.

(e)

For purposes of this section, a change in ownership shall include a transfer of 20 percent or more of the voting securities of a corporate license holder to a person not presently a stockholder.

(f)

Nothing in this section shall be deemed to, in any way, impair or affect the right of the board of county commissioners to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a price reflective of its fair market value as an ongoing concern, and nothing in this section shall be construed to constitute a waiver or bar to the exercise of any governmental right or power of the board of county commissioners.

(g)

The license holder may of its volition relinquish its license, provided that the board of county commissioners has been granted sufficient time, but not less than 120 days, to ensure that refuse collection, transport or disposal services for the affected licensed service area will continue. Upon termination, suspension, revocation or relinquishment of a license, the board of county commissioners may designate another license holder to provide temporary service to the affected licensed service area or may otherwise provide solid waste collection, transportation or disposal service to such licensed service area.

(h)

No license shall be renewed by the board of county commissioners unless the board of county commissioners makes a determination that such renewal complies with section 90-63. Any license holder who does not perform its obligations under the license for a period of 30 days shall forfeit its rights under the license and the license shall be null and void.

(Code 1970, § 23-54; Ord. No. 89-06, § 14, 2-21-89; Ord. No. 18-34, § 2, 8-7-18)