Big Bear Lake Municipal Code Art. XII Receivership and Foreclosure

Any franchise granted shall, at the option of city, 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 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 such 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 a franchise granted pursuant hereto, and the receivers or trustees within such one hundred twenty days shall have remedied all defaults under the franchise; and

B. Such receivers or trustees shall have, within one hundred twenty days after their election or appointment, executed an agreement duly approved by the court having jurisdiction on the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the franchise agreement.

(Ord. 98-287 § 2 1998)

In the case of a foreclosure or other involuntary sale of any material property of franchisee, or any part thereof, city may serve notice of termination upon franchisee and to the purchaser at such sale, that the franchise and rights and privileges of franchisee shall cease and terminate thirty days after service of such notice unless:

A. City has approved the transfer of the franchise, in accordance with this chapter; and

B. Such successful purchaser shall have covenanted and agreed with city to assume and be bound by all the terms and conditions of the franchise agreement and this chapter.

(Ord. 98-287 § 2, 1998)

The cable administrator shall have primary responsibility for continuing administration of this chapter and all cable service provider franchise agreements. With regard to all questions or disputes concerning the performance of the franchisee under any of the terms or conditions of this agreement, the franchisee agrees to deal either with the cable administrator as common agent for the city subscribers or directly with the affected subscribers, at the option of the cable administrator. The cable administrator shall not act as collecting agent for fees due the franchisee for services provided.

(Ord. 98-287 § 2, 1998)