HomeMy WebLinkAbout7379 - Community Television FranchiseRESOLUTION NO. 7379
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
• OF NEWPORT BEACH APPROVING THE TRANSFER OF A
COMMUNITY ANTENNA TELEVISION FRANCHISE FROM
NEWPORT BEACH CABLEVISION, INC., TO TELEPROMPTER
CORPORATION
WHEREAS, there has been presented to the City Council a
request for transfer of the community antenna television franchise
held by Newport Beach Cablevision, Inc., to TelePrompTer Corporation;
and
WHEREAS, after holding a public hearing for the purpose
of considering whether such proposed transfer would be in the
public interest, the City Council hereby finds and determines that
TelePrompTer Corporation has established its financial responsibility
and ability to assume the obligations required by the franchise
heretofore granted to Newport Beach Cablevision, Inc.;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach, as follows:
1. The transfer of the franchise held by Newport Beach
Cablevision, Inc. to TelePrompTer Corporation is hereby approved
on behalf of the City of Newport Beach, subject to the filing with
the City Clerk of written acceptance of said transfer on behalf of
TelePrompTer Corporation;
2. The foregoing approval of the transfer of said franchise
is subject to the following conditions:
(a) 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 the 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,
Ordinance No. 1365 and in Chapter 5.44 of the Newport Beach
Municipal Code, entitled "Community Antenna Television ". Said
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written acceptance shall be filed not later than 12 :01 p.m. of
the 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; 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.
(b) Payment to the City of a transfer fee of One
Thousand Dollars ($1,000) by the transferee.
(c) Transferee agrees that the City, acting through
its Public Works Director, may impose a reasonable inspection fee
to cover the cost of inspection and supervision of any work done
by transferee on or in any public street, alley, sidewalk or
other public property, if in his discretion the Public Works
Director determines that such inspection is necessary.
(d) The provisions of Section 5.44.090 of the
Newport Beach Municipal Code shall be controlling with respect to
the location and construction of any and all facilities of the
transferee in streets, alleys or other public places within the
City, it being expressly agreed that no new poles will be permitted
unless the Public Works Director determines that existing public
utility poles are unsuitable or unavailable for use by transferee.
(e) The completion of the construction and installa-
tion of community antenna television facilities in order to provide
service to all potential subscribers throughout the entire franchise
area shall be completed within a time schedule, subject to the
approval of the City Council.
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(f) Transferee agrees to maintain current "as built"
maps of the system on file in the office of the Public Works
Director and at a Newport Beach office of the transferee where
such records shall be open for public inspection during normal
business hours.
(g) Transferee shall file with the City Clerk,
subject to approval as to form and content by the City Attorney,
all required bonds and insurance policies before this transfer
shall become effective. .Upon_approval'of the required bonds and
insurance policies by the City Attorney, Foote, Cone & Belding
and Newport Beach Cablevision, Inc., shall be released from the
aforesaid requirements and the City Attorney is hereby authorized
to execute any necessary documents to effectuate said release.
(h) Transferee agrees to comply with its obligation
under subsection (h) of Section 5.44.160 of the Newport Beach
Municipal Code to furnish service free of charge to public buildings
within a reasonable construction time schedule, subject to the
approval of the City Manager.
(i) Transferee agrees to abide by the schedule of
fees and charges heretofore approved by the City Council.
ADOPTED this 8th day of March, 1971.
Mayor
ATTEST:
Ci y Clerk
C IFIED AS THE 2RPNAL
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CITY CLERK OF THE CITY OF NEW 4T BEACH
MAR 12 1971
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