Chapter 4.70 BROADBAND TELECOMMUNICATIONS NETWORKS
Section 4.70.440 Receivership and foreclosure.
1. Any franchise granted under this chapter shall, at the option of the city
council or its designee, cease
and terminate one hundred twenty days after the appointment of a receiver or receivers or trustee or
trustees
to take over and conduct the business of the franchisee, whether in a receivership, reorganization,
bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated
prior to the expiration of the one hundred twenty days or unless:
a. Such receivers or trustees shall have, within one
hundred twenty days after their election or
appointment fully complied with all the terms and provisions of this chapter and the franchise granted
pursuant to this chapter, and the receivers or trustees within the one hundred twenty days shall have
remedied all defaults under the franchise; and
b. Such receivers or trustees shall, within the one
hundred twenty days, execute an agreement duly
approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume
and
agree to be bound by each and every term, provision and limitation of the franchise granted in this
chapter.
2. In the case of a foreclosure or other judicial sale of the plant, property
and equipment of the franchisee,
or any part thereof, including or excluding this franchise, the city council or its designee may serve
notice of
termination upon the franchisee and the successful bidder at such sale, in which event the franchise
and all
rights and privileges of the franchise under this chapter shall cease and terminate thirty days after
service of
such notice, unless:
a. The city council shall have approved the transfer
of the franchise, as and in the manner in this
chapter provided; and
b. The successful bidder shall have covenanted and agreed
with the city to assume and be bound by all
the terms and conditions of the franchise and this chapter. (Ord. S-35454, 1978)