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Resolufion 1V
A RESOLUTION OF THE BOARD OF SUPERVISORS
OF BUTTE COUNTY CONSENTING TO THE TRANSFER
OF THE CABLE TELEVISION FRANCHISE FOR BUTTE COUNTY
FROM THE CHRONICLE PUBLISHING COMPANY
TO COOKE CABhEVTSTON INC.
WHEREAS, pursuant to Resolution No. 83-120 adopted
July 12, 1983, the Board of Supervisors of Butte County {the
"Board") granted to State TV Cable, a franchise to construct,
operate and maintain a cable television system within the
unincorporated areas of Chico/Durham {the "Franchise Area");
WHEREAS, pursuant to Section 20 of that certain cable
television franchise agreement (the "Agreement") between Butte
County and State TV Cable attached to Resolution 83-120 as Exhibit
"C" which permits transfers of such franchise to "any parent and
subsidiary corporation or between entities of which at 3east fifty
percent (50~) of the beneficial ownership is held by the same
person" without the consent of the Board, State TV Cable
transferred such franchise to Western Communications, Inc. the
parent of State TV Cable, and immediately thereafter to The
Chronicle Publishing Company, the parent of Westerm Communications,
Inc. and the ultimate parent and controlling owner of State TV
Cable for the remaining term thereof, all in connection with a
reorganization of The Chronicle Publishing Company and its
subsidiaries;
WHEREAS, The Chronicle Publishing Company has requested
such franchise be transferred to Cooke CableVision Inc. in
connection with that certain Assets Exchange Agreement (the "Assets
Exchange Agreement") dated June 30, 1988 by and between Cooke
CableVision Inc. and The Chronicle Publishing Company, as assignee
from State TV Cable;
WHEREAS, Section 20 of the Agreement provides that the
Board may transfer such franchise by resolution under such terms
and conditions prescribed by the Board; and
WHEREAS, the Board finds that Cooke CableVision Inc. has
the financial, legal and technical ability to continue to provide
the services, facilities and equipment required in connection with
the ownership and operation of the cable television system located
in the Franchise Area.
NOW, THEREFORE, BE IT RESOLVED by the Board that the
nonexclusive franchise for the installation, operation and
maintenance of the cable television system in the Franchise Area
currently held by The Chronicle Publishing Company be transferred
and assigned to Cooke CableVision Inc.
RESOLVED FURTHER, that such transfer and assignment shall
be subject to the following condition:
1. The Chronicle Publishing Company and Cooke
CableVision Inc. shall have completed the transactions contemplated
by the Assets Exchange Agreement.
2. Such transfer and assignment of the cable television
franchise for the Franchise Area shall be effective as of the date
the transactions described in Paragraph 1 above have been
completed, provided Cooke CableVision Inc. shall furnish the office
of the Clerk of the Board with a written notice (i) attesting to
the completion of such transactions and (ii) accepting and
agreement to be bound by all terms and provisions of Resolution 83-
120 and the Agreement as now in effect.
3. Such notice shall be filed with the Clerk of the
Board within thirty (30) days after the completion of the
transactions described in Paragraph 1 above and shall be in a form
approved by the County Counsel and approved as to budgetary and
fiscal control by the County Auditor, which approvals shall ndt be
unreasonably withheld.
-3-
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte at a regular meeting of said Board on December 13,
1988 by the following vote:
AYES: Supervisors Dolan, Fulton, McLaughlin, Vercruse and
Chairman Mclnturf
NOES : None
ABSENT: None
NOT VOTING: None
HASi{EL McINTURF, Ch an
Butte County Board o Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer anal Cle of the Board
By : (.t.~