HomeMy WebLinkAbout72-184WHEREAS, on August 24, 1971, this Board established specifi-
cations for the construction and operation of a community an~enna
televisiort system for the unincorporated area of Butte County,
California, known as Paradise, and invited responsible persons to
submit applications for a non-exclusive franchise for the construction
and operation of the said system; and
WHEREAS, Televents of Paradise, Inc. su.bmitted an application
for said franchise on Maq 27, 1971 and submitted amendments and/or
add~.ti.ons ~he~e~o on September 23, 1971, Septembex 27, 1972 and
August 2, 1972; and
WHERFAS, no other applications for said franchise have been
submitted; and.
WHEREAS, the application of Televents of Paradise has been
reviewed and found to be in order; and
W'FLEREAS, this Board has determined to award said franchise
to Televents of Paradise subject to certain conditions, to wit, that
the performance bond requirement contained in the sgecificaiaons be
increased to $25,000; that Televents of Paradise must obtain all
necessary licenses, permits and authorizations pertain.ing to t.k~.e
constructivn of the said system within six months from the date of
this resalution, unless the said six month deadline is extended by
this Board upon adequate justification being made; that Televents of
Paradise shali ~ile progress reports with this Board no ~.ater than
the first Tuesdap of each month after the passage of this resolution
and continuing until antenna service is firs~ received by customers
pursuant to the franchise9 whichrmnthly reports shaZ1 detail the
GRANT OF FRANCHISE FOR CONSTRUCTION AI~} OFERATION OF
COMM[JNITY ANTENNA TELEVISION SYSTEM F`OR THE UNINCORPORATED
AREA OF BUTTE COUNTY~ CALIFORNIA~ KNOWN AS PARADISE
construction and other progress made to eomply with the franchise;
that within thirty days ~rom its acceptance of the franchise and
priar to the commencement of business parsuant to ~he franchise
Te~events of Paradise will submit a certificate that it is q~alified
to do business in California; that Televents o~ Paradise wi11,
before commencing physical instal~ation of its plant pursuant to
this £ranchise, submit satisfactory evidence to thzs Board that it
has obtained adequa~e financing to insta7l, operate and maintain the
initial 70 miles of cable system to be installed pursuant ~o this
franchise; that Televents of California, Incorporated, unconditionally
guarantees the obligat~ons and liabiiities of Televents of Paradise
Incorporated in connection with this franchise.
NOW, THEREFORE, BE IT RESOLVED that this Board. does hereby
grant a non-exclusive franchise to Televents of Paradise in accordance
with and subject to each and every requirement of the specificati ons
established by this Board for fihe construction and opera~tion of a
commanity antenna television system in the Paradise area, except
as modified bel.ow, which specifications are incorporated herein by
this reference.
BE I'T Ft712TFi~R RES OL~D tha t tne amount af the Fa i thf ul
Performance Bond required by C~apter 4, Section 1 of the said
specifications shal.l be increased from $10,000 to $25,OOOo
BE IT FURT~iER RESOI,VED that Televents of Paradise
sha7.l be requzred to file progress reports with the Board no
later the first Tuesday of each month after passage of this
resolution and continuing until. antenna service is firs~ received
by custome~s pursua.n~ ~o this franchi.se, which progress reports shall
detail the constructian a.nd other progress made to comply with the
franchise.
SE IT FIIRTF3~R RESOLVED that Televents of Paradise must obtain
a11 necessary licenses, permits and autharizations pertaining tn ~he
construction of the said system within szx months of this resolution,
provided however, that tnis deadline may be extended by the Board of
Supervisors upon adequate justificationa :
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BE IT F[JRTHER RE50LVED that Televents of Paradise must
submit, with~n thirty days of its acceptance of this franchise and :
prior to the commencement of bus~ness pursuant to the franc~ise, a
certificate issued by a duly authorized afficer of the State of
Cali~ornia stating that Televents of Paradise is qualified to do
business in Cali£orniao
BE ZT ~i7RTH~R RESO~VEA that Televents of Paradise shall,
before commencing physical installation of its plant pursuant ~o
this tranchise, submit satisfactory evidence to this Board that it
has obtained adequate financing for the installation, operation and
maintenance of ~he initial 70 miles of cable system to be installed
pursuant to this franchise.
BE IT FURTHER RESOLVED that Televents of California, ~nc.
shall unconditionally guarantee in writi.ng the obligations and
lzabilzties of Televents of Paradise, Inc. arising out of or in
connection with tnis franchise.
BE IT FURTHER RESOLVED that this franchise sha11 become
effective upon the filing of a written acceptance by Televents of
Paradise in a form satisfactory to the County Counsel, as required
by Chapter 5, Section 6 of the said specifiqations.
BE IT FUR'I'HER 12ESOLVED that the term "tranchise" as used
herezn shall be synonymous with the term "license" as used in said
specifications.
BE IT FURTHER RESOLVED that the franchise granted by this
resolution sha11 include and be subject to the following condition
as required by Chapter 5, Section 3 of the specifications:
"The CATV system herein iicensed shall be used
and operated solely and exclusively for the
purpose expressly authorized by the County of
Butte and no other purpose whatsoever."
BE IT FURTHER RESOLVED that construction and operation of
~he community antenna system and the provisions of antenna services
3.
to subscrzbers pursuant to this franchise shail be in accordance
w~th the re~uirements of al1 applicable federal, state and local
laws, rules and regulations.
PASSED A1~D ADOPTED by the Butte Countq Board of Supervisors
this 1'p'th; day of October , 1972, by the fol~owing vote:
AYES: Supervisors Dou~hit, Ladd, Madigan, Maxon & Chairman Gilman,
NOES: None
ABSENT: None~
NOT VOTING: None~ „ _
County Board~6~ Supervisors
ATTES T:
CLARK,A. TTELSON, Countq Clerk and
ex-officio Clerk of the Board
_
BY~~. -
4.
ACCEPTANCE OF FRANCHISE
Televents of Paradise, Inc,, a subsidiary of Televents of
California, Znc, does hereby accept this ~ranchise to construct and
operate a community an~enna television sysfiem in ~he unincorporated
area of Butte County, California, known as Paradise, which franchise
was granted to it by the Board of Supervisors of the County of Butte
on October 10, 1972, by Resolution No. 72-184, and does agree to;be
bound by and ~o comply with and to do all things required of it by the
f~anchise as specxf ied in the provisions of the said resolution and:the
specifica~ions incorporated by reference therein.
Submitted herewith in accordance witn the said resolution
and specifications are a Faithful Performance Bond in the amount of
$25,000 and the required Certifica~es of ~iability Insurance.
DATED:
Televents of Paradise, Inc,
Sy
Presi ent
By
ecretary
In considera~a.on of the award af the franchise referred to
above to Televen~s af Paradise, Inc., Televents of Califoxn ia, Inc.
hereby unconditionally gaarantees the obligations and liabilities of
Televents of Paradise, ~nc, arising out of or in connection with the
said f~anchise.
Televents of California, Inc.
By
Executive Vice Presi ent
By~~.
Secretary
DATED:
/Note: This acceptance form must be signed by duly authorized
of£icers of Televents, whose signatures must be notarized_7~