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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 -2-