HomeMy WebLinkAbout69-049RESOLUTION NO '. 69-~~9
i
BOARD OF SUPERVISORS
1 COUNTY OF BUTTE, STATE OF CALIFORNIA
'2 RESOLUTION CONSENTING TO TRANSFER OF NON-EXCLUSIVE
FRANCHISE TO CONSTRUCT, OPERATE, AND MAINTAIN A
3 COMMUNITY ANTENNA TELEVISION SYSTEM (CATV) IN THE
COUNTY OF BUTTE (Standard Radio and Television
4 Company to State TV Cable)
5 WHEREAS, pursuant to that certain Business License, dated
'6 the 1st day of September, 1964, together with amendments thereto,
'7 the County of Butte did, by said Business License, grant to
8 Standard Radio and Television Company, a corporation,:~a non-
~9 exclusive franchise to construct, operate, and maintain a
''10 community antenna television system in the County of Butte, subjec
I''ll to compliance with all of the terms and conditions therein provide ,
'''12 and to which said Business License, and amendments thereto,
'13 reference is hereby made, all of which terms and conditions
14 initially required to be met were met and complied with and
i 15 accepted by said grantee on or about September 1, 1964, and which
'- 16 grantee has been in compliance with the terms and conditions of
17 said franchise as originally granted and as thereafter amended
!18 ever since; and
a9 WHEREAS, Standard Radio and Television Company, the afore-
'20 mentioned grantee, has formally requested permission to transfer
21 all its rights, title and interest in said franchise a.nd all
i'i22 rights inuring therefrom to State TV Cable, a California corp-
123 oration, and the la tter company has, in writing, filed with the
24 Butte County Clerk an agreement to accept and comply with all of
",25 the terms, conditions, and requirements of said franchise and
26 with the provisions of said Business License and amendments
27 thereto;-and
28 WHEREAS, it is represented to this board by State TV Cable
'29 that all of its outstanding stock will be held by Western
30 Communications, Inc., a corporation, and that the latter is a
31 wholly-owned subsidiary of the Chronicle Publishing Company; and
32 WHEREAS, it appears that the proposed assignee has offered
1
2
3
I'4
5
'.6
7
i'8
'9
'10
'I1
!,12
!13
14
15
116
'17
I18
Ii9
';20
21
i22
123
'24
!25
', ;26
', !27
28
:29
'30
`: 31
''32
to furnish proof to the satisfaction of the County that it is
financially responsible, by furnishing the bonds as hereinafter
described and required,
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Butte, State of California, as follows:
1. That subject to compliance with the conditions herein-
after set out by the proposed assignee, State TV Cable, Inc., a
corporation, this board does hereby consent to a transfer by
Standard Radio and. Television Company to State TV Cable, Inc.,
of the non-exclusive franchise heretofore granted to the assignor
by said Business License, and the amendments thereto, provided
that said assignee shall agree to comply with all the terms and
conditions of said franchise as granted by said Business License,
and including all amendments thereto, and all grants of license
thereafter made, by, among other things, furnishing and filing
with the Butte County Clerk:
(a) A certificate from an officer of State TV Cable
to the effect that State TV Cable has purchased the
assets of Sierra Cable TV, a division of Standard Radio
and Television Company, the assignor, as well as evi-
deuce of the acceptance of an assignment of the franchise
by State TV Cable;
{b) A written acceptance to comply with all of the
provisions of said franchise as amended, and the terms
and conditions of all right-of-way licenses hereinabove
referred to, in a form satisfactory to the County Counsel;
(c) A11 required insurance coverage as provided by
the said Business License;
(d) A faithful performance bond in the amount of
$10,000, as required by that certain Business License;
(e) A further surety bond in the amount of $15,000,
!~ executed by a surety company authorized to do business in
2.
`1
'2
,3
,I
4
'5
6
'7
8
'9
10
11
12
'~13
14
, ,'15
!16
'17
`, 18
i9
I
20
21
22
!23
24
'25
i
i26
'''27
'28
29
'30
~: '31
32
the State of California, guaranteeing refund of all
prepaid and unearned subscription fees paid by sub-
scribers to the Cable TV system within the County of
Butte, in event of a termination of the services
subscribed for before the prepaid subscription has been
earned, in a form acceptable to and approved by the County
of Butte.
2. The Chairman of the Butte County Board of Supervisors
be, and he is hereby authorized to join in the execution of any
agreements required, pursuant to this resolution, and in order to
give full force and effect thereto, after having been first
approved by the Butte County Counsel.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, this 18th day of March, 1969, by
the following vote:
AYES:Sup®rvisors Dunaway, Howsden, Maxon, Reynolds and Chairman
NOES : Nome
ABSENT: None
J C cK irman o e
Bu County Board of Supervisors
ATTEST:
CLARK A. NELSON, County Clerk
and ex-officio Clerk of the
Boaerdo,,o.f Supervisors