Loading...
HomeMy WebLinkAbout90-022A RESOLUTION OF THE BOARD OF SUPERVISORS OF BIITTE COUNTY CONSENTING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FOR BUTTE COUNTY FROM THE COOKE CABLEVISION TNC. TO CHAMBERS CABLE OF SOUTHERN CAL., 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 least 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 Western 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 thereafter requested such franchise be transferred to Caok Cablevision, Inc. in connection with that certain Assets Exchange Agreement (the "Assets Exchange Agreement"), dated June 30, 1988 by and between Cook CableVision Inc. and The Chronicle Publishing Company, as assignee from State TV Cable; and this Board consented to such transfer by the adoption on December 13, 7.988 of Resolution 88-191; -2- WHEREAS, Cooke CableVision Inc, has requested such franchise be transferred to Chambers Cable of Southern Cal., Inc. pursuant to that certain agreement between Cooke CableVision Inc. and Chambers Cable of Southern Cal., Inc. dated duly 14, 1989 and entitled "Asset Purchase and Sale Agreement". WHEREAS, Section 20 of the franchise 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 Chambers Cable of Southern Cal., 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 Cooke CableVision Inc. be transferred and assigned to Chambers Cable of Southern Cal., Inc. RESOLVED FIIRTHER, that such transfer and assignment shall be subject to the following oondition: 1. Cooke CableVision Inc. and Chambers Cable of Southern Cal., Inc. shall have completed the transactions contemplated by their agreement entitled "Asset Purchase and Sale 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 Chambers Cable of Southern Cal., 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 agreeing to be bound, by all terms and provisions of Resolution 83-120 and the Franchise 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 -3- approved by the County Counsel and approved as to budgetary and fiscal control by the County Auditor, which approvals shall not be unreasonably withheld. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte at a regular meeting of said Board on January 30, 1990 by the following vote: AYES: Supervisors Mc3nTurf, Dolan, Vercruse, Fulton and Chair McLaughlin NOES: None ABSENT: None NOT VOTING: None A ED MC LAUGHLIN, Chair, Butte County Board of Supervisors ATTEST: WILLIAM H. RAND H, Chief Administrative Officer and Clerk of th oard of Supervisors By: