Spokane Municipal Code

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article III. Franchise Conditions

Section 10.27A.370 Receivership

1. The City shall have the right to cancel a franchise one hundred twenty days after the appointment of a receiver or trustee to take over and conduct the business of a franchisee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty days, or unless within one hundred twenty days:

1. 1. after the election or appointment, such receiver or trustee shall have fully complied with all of the provisions of this chapter and a franchise and remedied any defaults thereunder; and

1. 2. such receiver or trustee shall have executed an agreement, duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and a franchise granted to the franchisee except where expressly prohibited by Washington law.

This action may be taken by the deputy mayor, who may also refer the matter to the city council for consideration.

2. A franchisee shall immediately notify the City in writing if it:

1. 1. files a voluntary petition in bankruptcy, a voluntary petition to reorganize its business or a voluntary petition to effect a plan or other arrangement with creditors;

1. 2. files an answer admitting the jurisdiction of the court and the material allegations of an involuntary petition filed pursuant to the bankruptcy code, as amended; or

1. 3. is adjudicated bankrupt, makes an assignment for the benefit of creditors or applies for or consents to the appointment of any receiver or trustee of all or any part of its property including all or any part of its cable system.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)