HomeMy WebLinkAboutResolution No. 83580
RESOLUTION NO. 8358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING THE TRANSFER OF A FRANCHISE
FOR A CABLE TELEVISION SYSTEM
FROM CABLE TV FUND 10-C,
TO FALCON CABLE MEDIA, L.P.
WHEREAS, on May 6, 1974, the City Council of the
City of Azusa adopted Ordinance No. 1077 providing for the
granting of cable television franchises;
WHEREAS, on December 2, 1974, pursuant to Ordinance
No. 1077, the City Council of the City of Azusa, adopted
Ordinance No. 1092 granting to Cable Service of Azusa, Inc.
a cable television franchise to construct, operate and
maintain a cable television system within the City of Azusa
(the "Franchise");
WHEREAS, on October 4, 1982, pursuant to Resolution
7187, the City Council of the City cf Azusa consented to the
transfer of the Franchise from Cable Service of Azusa to
Jones Intercable, Inc., general partner and nominee, for
Cable TV Fund 10, a limited partnership;
WHEREAS, on July 5, 1983, pursuant to Resolution
7296, the City Council of the City of Azusa consented to
change the name of the Franchise holder to Cable TV Fund 10-
C Ltd., a Colorado limited partnership ("Fund 10-C");
WHEREAS, Falcon Cable Media, L.P. ("Falcon") has
requested that the City approve transfer of the Franchise
from Fund 10-C to Falcon;
WHEREAS, in support of its Transfer Application,
Falcon has submitted to the City, the following documents
which are on file in the office of the City Clerk; (i)
letter from M. Menery to J. Fuentes, with enclosures, dated
August 24, 1987; (ii) letter from H. Rice to. S. Field, with
enclosures, dated October 19, 1987; (iii) letter from H.
Barbosa to S. Field, with enclosures, dated November 13,
1987; (iv) letter from D. Wittman to S. Field, with
enclosures, dated November 13, 1987; and (v) letter from
H. Rice to S. Field, with enclosures, dated November 24,
1987; and (vi) letter from F. Intiso to S. Field, with
enclosures, dated December 1, 1987;
NOW, THEREFORE, the City Council of the City of
Azusa, California, does resolve as follows:
SECTION 1. Pursuant to Section 14.06.04 of
Ordinance No. 1077, the City Council of the City of Azusa
finds that, based upon the representations contained in the
documents submitted in support of the Transfer Application,
Falcon has the financial responsibility to comply with the
Franchise.
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SECTION 2. The Transfer Application is hereby
approved subject to the following conditions of approval:
A. Falcon accept the amendments to Ordinance Nos.
1077 and 1092 contained in Exhibit A, attached
hereto;
S. Falcon maintains the level of public,
educational and governmental ("PEG")
programming at least equivalent to that Fund
10-C, has maintained during 1986. Said
programming level includes, but is not limited
to cablecasting City Council meetings live,
cablecasting all major City events (such as
"Golden Days") and cablecasting all election
events;
C. Falcon reimburses the City for its reasonable
administrative expenses, including legal fees,
incurred in order to process the Transfer
Application, up to a maximum of $4800.00, plus
publication costs; and
D. Falcon accept and guarantee performance of all
obligations contained in the Franchise.
SECTION 3. As consideration for the transfer
conditions and franchise amendments Falcon is agreeing to
pursuant to this Resolution, the City agrees to extend the
Franchise to and until January 2, 2000; however, the City
and Falcon may negotiate amendments to the franchise as
alternative consideration to a franchise extension.
Regardless, the franchise extension or franchise amendments
shall only become effective if and when the City raises the
franchise fee above three percent (3&) of gross revenues.
SECTION 4. Falcon shall, within thirty (30) days
after passage of this Resolution, file in the office of the
City Clerk a written acceptance of this Resolution executed
by Falcon in a form approved by the City Attorney. Falcon,
by executing and filing the Acceptance, guarantees
performance of all obligations hereunder. The Acceptance
shall include a provision stating that Falcon recognizes
that this Resolution does not affect the status of the
Franchise as a grandfathered franchise within the meaning of
the Federal "Cable Communications Policy Act of 1984" and
further stating that Falcon shall not contend otherwise in
any judicial or administrative proceeding.
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PASSED, APPROVED and ADOPTED this 21stday of
December , 1987.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
COOK, CRUZ, LATTA, MOSES
NONE
AVILA
NONE
May , City of Azusa, California
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