HomeMy WebLinkAboutReso 121-1988RESOLUTION NO. 121-88
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION CONSENTING TO THE TRANSFER OF THE CABLE
TELEVISION FRANCHISE FOR THE CITY FROM WESTERN TV
CABLE TO WESTERN COMMUNICATIONS, INC. AND FROM WESTERN
COMMUNICATIONS, INC. TO THE CHRONICLE PUBLISHING COMPANY
WHEREAS, pursuant to Chapter 6.76 of the South San Francisco Municipal Code
the City Council is authorized to grant a nonexclusive franchise to construct,
operate and maintain a cable television system within all or any part of the
City; and
WHEREAS, pursuant to Ordinance No. 835-80 adopted August 20, 1980, the City
Council granted such a franchise to Western TV Cable for a period of fifteen (15)
years; and
WHEREAS, Western TV Cable has requested that such franchise be transferred
to Western Communications, Inc., the parent of Western TV Cable, and immediately
thereafter to The Chronicle Publishing Company, the parent of Western
Communications, Inc. and the ultimate parent and controlling owner of Western TV
Cable, all in connection with a reorganization of The Chronicle Publishing Company
and its subsidiaries; and
WHEREAS, Section 6.76.130D provides that the City Council may transfer such
franchise by resolution under such terms and conditions as may be prescribed by
the City Council; and
WHEREAS, the City Council finds that (i) The Chronicle Publishing Company has
owned and controlled Western Communications, Inc. and Western TV Cable at all
times from and after Western TV Cable acquired its cable television franchise
for the City; (ii) there will be continuity in ownership of the cable television
system serving the City if such franchise is transferred from Western TV Cable to
Western Communications, Inc. and, immediately thereafter, to The Chronicle
Publishing Company; (iii) The Chronicle Publishing Company 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 City; and (iv) the same personnel as now operate
and maintain the cable television system serving the City will continue to operate
and maintain such cable system after giving effect to the reorganization described
above;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the nonexclusive franchise for the installation, operation and
maintenance of the cable television system in the City of South San Francisco
currently held by Western TV Cable be transferred and assigned to Western
Communications, Inc., the parent of Western TV Cable, and immediately thereafter,
to The Chronicle Publishing Company, the parent of Western Communications, Inc.
and the ultimate parent and controlling owner of Western TV Cable.
BE IT FURTHER RESOLVED that such transfer and assignment shall be subject
to the following conditions.
1. Western TV Cable shall have been dissolved and liquidated into Western
Communications, Inc. and Western Communications, Inc. shall have been dissolved
and liquidated into The Chronicle Publishing Company.
2. Such transfer and assignment of the cable television franchise for the
City shall be effective as of the date the transactions described in Paragaph 1
above have been completed, provided The Chronicle Publishing Company within
thirty (30) days after the completion of the transactions described in Paragraph 1
above, shall furnish the office of the City Manager 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 Chapter 6.76 of the South San Francisco
Municipal Code and Ordinance No. 835-80 as now in effect.
3. Such notice shall be in a form approved by the City Attorney, which
approval shall not be unreasonably withheld, and shall be filed with the
City Clerk.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
regular meeting held on the 28th day of September, 1988, by the
following vote:
AYES:
CouncilmPmhm. r~ Mark N AHdiego, Richard A. Haffey, Gu.~ Nirnlnp~Jlns,
Roberta Cerri Teqlia, and Mayor Jack Drago
NOES: None
ABSTAIN: None
ABSENT: None
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