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HomeMy WebLinkAbout92-83 - Times Mirror Cable Television FranchiseRESOLUTION NO. 92- 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONSENTING TO THE SALE AND TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO THE COMMUNITY CABLEVISION COMPANY TO TIMES MIRROR CABLE TELEVISION SUBJECT TO CERTAIN CONDITIONS. WHEREAS, pursuant to Chapter 5.44 of the Municipal Code, the City Council • adopted Ordinance 1196 on December 6, 1966 granting to Community Cablevision Company a franchise to operate CATV service; and WHEREAS, the City Council adopted Ordinance 91 -42 on November 12, 1991 extending the franchise granted by Ordinance 1196. WHEREAS, Community Cablevision Company seeks to transfer control of such franchise to Times Mirror Cable Television of Orange County, Inc. a California Corporation (hereinafter TMCT); and WHEREAS, Chapter 5.44 of the Municipal Code requires prior consent by the City Council of such transfer and then only under such conditions as may be therein presented. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby consents to the sale and transfer of control of the franchise granted by Ordinance 1196 and extended by Ordinance 91 -42 to TMCT subject to the following conditions: 1. TMCT shall comply with all provisions of Chapter 5.44 of the Municipal Code as now written or as may be amended from time to time. 2. TMCT shall comply with all provisions of the franchise granted by City of Newport Beach Ordinance 1196 adopted December 6, 1966. 3. TMCT shall comply with all provisions of Ordinance 91 -42 adopted November 12, 1991. 4. TMCT shall provide and operate within the corporate boundaries of the City of Newport Beach a television production studio similar to that provided by Community Cablevision unless this requirement is specifically waived by resolution of the City Council. 5. TMCT shall provide up to twenty (20) hours per month of video production services for non - profit public, educational or government groups for the purpose of producing access programming including cameras, camera person, editing, character generation, audio mixing and other post production services necessary to complete programming. 6. TMCT shall continue to dedicate Channel 3 for exclusive Newport Beach community programming unless directed otherwise by the City Manager. 7. TMCT shall execute the acceptance agreement attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the City Council of the City of Newport Beach hereby confirms unto Times Mirror Cable Television of Orange County, Inc., a • California Corporation, that with respect to the franchise granted to Community Cablevision Company: 1. The franchise was properly granted; 2. The franchise is currently in full force and effect and expires on January 27, 2002; 3. The franchise supersedes all other agreements between the City of Newport Beach and Community Cablevision Company; 4. The franchise and acceptance represents the entire understanding of the City of Newport Beach and Community Cablevision Company, and Community Cablevision Company has made no commitments and owes no obligation to the City of Newport Beach other than those specifically stated in the franchise; • 5. The City Council of the City of Newport Beach has not been advised of any material noncompliance by Community Cablevision Company under the franchise as of the date hereof; and 6. The City Council of the City of Newport Beach has not been advised as of the date hereof of any known fact or circumstance which constitutes or which, with the passage of time or the giving of notice or both, would constitute a default or breach under the franchise, or would allow the City of Newport Beach to cancel or terminate the rights thereunder, except upon the expiration of the full term thereof or as otherwise provided in the franchise. ADOPTED this 10th day of August , 1992 ATTEST: ////1/ . _M U_i • I ACCEPTANCE OF CAN FRANCHISE TO THE CITY OF NEWPORT BEACH, CALIFORNIA, AND TO THE HONORABLE CITY COUNCIL OF SAID CITY: Times Mirror Cable Television of Orange County, Inc. having been identified in • City Council Resolution 92 - 63 as the transferee of control of the CATV franchise granted to Community Cablevision Company by City Council Ordinance No. 1196 adopted December 6, 1966, and extended by Ordinance 91 -42 adopted November 12, 1991, hereby accepts the transfer of said franchise together with all the terms and conditions contained in: a) City of Newport Beach Municipal Code Chapter 5.44 b) City of Newport Beach Ordinance 1196 c) City of Newport Beach Ordinance 91 -42 d) The Acceptance of CATV Franchise by Community Cablevision Company dated November 15, 1991 e) City Council Resolution 92 - _$3 _ This acceptance becomes effective on the date Times Mirror Cable Television of Orange County, Inc. acquires a controlling interest in Community Cablevision Company. ` Dated: August 28, 1992 Times Mirror Cable Television of Orange County, Inc. (Seal of Corporation) By: ,X x4liwilir James H. Smith III Title: Senior Vice President, Operations Title: Egge H. Perez, sgjs=t Secretary Appr ad as to form: obert H. Burnham City Attorney CERTIFICATE OF CITY CLERK •I hereby certify that the foregoing Acceptance of CATV Franchise was received by me at the hour of /% 1©C2 o'clock 19/72 on the _ day of �-� , 1992 City Clerk i