HomeMy WebLinkAbout1993-092
RESOLUTION NO. 93-92
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
TRANSFER OF CABLE TELEVISION FRANCHISE FROM AMERICAN CABLE TV OF
REDLANDS JOINT VENTURE (SOUTHLAND CABLEVISION) TO TCI CABLEVISION
OF CALIFORNIA.
WHEREAS, American Cable TV of Redlands Joint Venture d/b/a
Southland Cablevision, a Colorado general partnership ["Seller"]
and affiliated entity of Tele-Communications, Inc., a Delaware
Corporation ["TCI"], is a duly authorized holder of a franchise
authorizing the operation and maintenance of a cable television
system within the City of San Bernardino, pursuant to City of San
Bernardino Ordinance No. MC-59 and Resolution No. 84-93 ["the
Franchise"]; and,
WHEREAS, Seller and TCI are parties to that certain Asset
Purchase Agreement dated January 28, 1993 ["the Agreement"]
wherein Seller and TCI agree that TCI will acquire all of the
assets used in the ownership and operation of the cable television
system; and,
WHEREAS, TCI has agreed to an assignment of all of its
right, title and interest in the Agreement to TCI Cablevision of
California, Inc., a California corporation and direct subsidiary
of TCI ["TCI-CA"]; and,
WHEREAS, TCI-CA desires to acquire from Seller all the
rights and privileges of the Franchise and assume all of the
obligations of Seller under the Franchise accruing from the date
of closing under the Agreement;
and,
the Franchise
WHEREAS,
authorizes
the
transfer
and
assignment of the Franchise by Seller, subject to the adoption of
a Resolution authorizing such transfer; and,
1
1- -RES 93-92
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF
CABLE TELEVISION FRANCHISE FROM AMERICAN CABLE TV OF REDLANDS
2 JOINT VENTURE TO TCI CABLEVISION OF CALIFORNIA.
3
4 WHEREAS, Seller has requested the approval and consent of
5 the City for the transfer and assignment of the Franchise by the
6 Seller to TCI-CA; and,
7 WHEREAS, the City has received evidence of financial
8 responsibility submitted by TCI, Inc., and Subsidiaries and has
9 found that TCI, Inc., including its subsidiary TCI-CA, has the
10 financial and managerial ability to operate the system in a proper
11 manner;
12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
13 OF SAN BERNARDINO AS FOLLOWS:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 1. The Mayor and Common Council of the City of San
Bernardino hereby consent to and approve the assignment of the
Franchise and related assets of the cable television system by
Seller to TCI-CA, conditioned upon and effective upon the filing
with the City Clerk by TCI-CA its written assurance that it agrees
to comply with all the provisions of San Bernardino Municipal Code
Chapter 14.08 and the Franchise.
SECTION 2. The Mayor and Common Council hereby affirm that:
(a) the Franchise was properly granted; (b) the Franchise is in
full force and effect; (c) the Franchise is scheduled to expire on
June 10, 1996; and (d) to the City's knowledge there exists no
fact or circumstance which constitutes or which, with the passage
of time or giving of notice or both, would constitute a default
under the Franchise or will entitle the City to cancel or
terminate the rights thereunder, except upon the expiration of the
2
RES 93-92
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF
CABLE TELEVISION FRANCHISE FROM AMERICAN CABLE TV OF REDLANDS
2 JOINT VENTURE TO TCI CABLEVISION OF CALIFORNIA.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
full term thereof.
SECTION 3. The authorization of the transfer and assignment
of the franchise from Seller to TCI-CA is expressly conditioned
upon, and shall be deemed effective upon, the consummation of the
sale to TCI-CA of the Franchise and related assets and the closing
of the transactions under the Agreement.
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
I I I
3
RES 93-92
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF
CABLE TELEVISION FRANCHISE FROM AMERICAN CABLE TV OF REDLANDS
2 JOINT VENTURE TO TCI CABLEVISION OF CALIFORNIA.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of
6 San Bernardino at a regular
meeting thereof, held on the
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5th day of April
, 1993, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
---1L-
POPE-LUDLAM
x
MILLER
---1L-
of
Ci~~ ~
The foregoing resolution is hereby appro/eld this '1-\1,
Aoril , 1993. I
/?.11 !o(cl:'M.t'
City ~f SanlBernardino
,
day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By. k~, J, Il",~
C.
4