HomeMy WebLinkAbout6759 - Pacific Cable Services IncI a
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4/19/68
RESOLUTION NO. 6759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING THE TRANSFER OF A COMMU-
NITY ANTENNA TELEVISION FRANCHISE FROM WARNER
BROS, TV SERVICES, INC,,,TO PACIFIC CABLE
SERVICES, INC.
V
WHEREAS, on the 27th day of December, 1966, the City
Council adopted Ordinance No. 1197 entitled: "An Ordinance of
the City of Newport Beach Granting to Warner Bros. TV Services,
Inc. a Nonexclusive Franchise to Construct, Maintain and Operate
a Community Antenna Television System Within Said City"; and
WHEREAS, on the 25th day of March, 1968, the City
Council held a public hearing for the purpose of considering-
1. Whether the CATV franchise originally
granted to Warner Bros. TV Services, Inc., should be
terminated in accordance with the provisions of
Chapter 5.44 of the Newport Beach Municipal Code,
entitled "Community Antenna Television",- and
2. Whether the transfer of the CATV fran-
chise from Warner Bros. TV Services, Inc., to Pacific
Cable Services, Inc., should be approved; and
WHEREAS, said hearing was continued until the 8th
day of April, 1968, at which time the City Council, after
hearing evidence, closed said hearing and determined that the
proposed transferee was financially responsible and that it
would be in the public interest to approve the proposed
transfer of said franchise from Warner Bros. TV Services, Inc,,
to Pacific Cable Services, Inc.;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach as follows:
1. The transfer of the franchise originally granted
to Warner Bros. TV Services, Inc,, by Ordinance No. 1197 to
Pacific Cable Services, Inc., is hereby approved.
2. The proposed acquisition of Pacific Cable Ser-
vices, Inc., by Newport Beach Cablevision, Inc., and the proposed
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exercise of said franchise by Pacific Cable Services, Inc., as a
wholly owned subsidiary of Newport Beach Cablevision, Inc,, is
approved.
3o The foregoing approvals are subject to the fol-
lowing conditions.
A. Pacific Cable Services, Inc,, agrees that an
express condition of the approval by the City Council of
this transfer is that prior approval of the City Council
shall be required where ownership or control of more than
30% of the right of control of Pacific Cable Services, Inc.,
is acquired by a person or group of persons acting in con-
cert, none of whom own or control 30% or more of such
right of control, singularly or collectively. By its ac-
ceptance of this franchise, Pacific Cable Services, Inc.,
agrees that any such change in ownership occurring without
prior approval of the City Council shall constitute a
violation of this franchise by Pacific Cable Services, Inc,
B. This transfer shall not become effective
for any purpose unless and until written acceptance
thereof shall have been filed by the transferee with the
City Clerk; and such written acceptance shall be in form
and substance as shall be prescribed by the City Attorney
and shall be and shall operate as an acceptance of each and
every term and condition contained in Ordinance No, 1197 and
in Chapter 5.44 of the Newport Beach Municipal Code entitled
"Community Antenna Television ". Said written acceptance
shall be filed not later than 12.01 P.M. of the thirtieth
(30th) day next following the date of the adoption by the
• Council of this resolution; and, in default of the filing of
such written acceptance as herein required, the transferee
shall be deemed to have rejected and repudiated the same;
2,
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and thereafter, the acceptance of the transferee shall not
be received by the City Clerk, and the transferee shall
have no rights, remedies, or redress in the premises, unless
and until the City Council shall, by resolution, determine
that such acceptance be received or filed, and then upon
such terms and conditions as the Council may impose.
ADOPTED this 22nd day of April , 1968.
3.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH )
I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California,
do hereby certify that according to the records of the City of Newport Beach
filed and maintained in my office, the foregoing Resolution No, 6759 was
duly and regularly adopted, passed, and approved by the City Council of the
City of Newport Beach, California, at a regular meeting of said City Council
held at the regular meeting place thereof, on the 22nd day of April 1968,:
by the following vote, to wit:
AYES, COUNCILMEN: LkInnis 0 Shelton, Maynhall, Rogim, Eli rth, Gn1 er
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Parsons
Dated this 23rd day of April , 1968,
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City Clerk and Ex-OfficioCirlerk of the
City Council, City of Newport Beach,
State of California
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