HomeMy WebLinkAbout93-175 - ResolutionsRESOI/YrIONNO. 93-175
A RESOI/IfION OF ~HE CITY O0[~C/L OF THE CITY OF RANOK)
(N3CAM~NC4% P4~I~r/ZING A~) AuL~FrZNG I~E SL~R~)~R OF A
CABLE T~VI$I(~t ~ .~:~tW,~T TO ~ CITY OF
RAN(~0 ~ (TIMES ~ CABLE T~RVISI~ OF
~IDE (IN~FfY, INC. ) .
A. Recitals.
(i) The City of Rancho O~m~nga (hezminafter "Cit~') has
previously granted a cable televisio~ franchise to Times Mirrut ~ble
Television of Riverside (kaalty, Ir~, (hmx~/n~c~r 'Times"), doing ~usiness as
Dimension Cable Services, all as pursuant to Title 7 of the Rancho ~%~aN~ga
Municipal COde. The grant was pur~aa~t to ~%e~olution No. 93-493, dated
Deoe~ber 28, 1990.
(ii) Times has not c~m~ced the provision of cable television
services to consumers within City. Further, Times bm-~ not, within the city,
installed any equipm~_nt of any nature in furtherance of provial/rig cable
service to City's consumers.
(iii) Times, by and through its Vice President for Corporate
Affairs, has provided written notice to City of Times' surrender of the
franchise. A true and correct copy of said notice is atta _cbed~__ hereto as
Exhibit "1".
(iv) City desires to accept such surrender and to e~lsure that
all requ/rments of termination, as set forth in Title 7 of the Rancho
CucamongaMunicipal Code, are satisfied. City intends thisResolutiontoboth
memorialize the acceptance of said surrender and to acknowledge the
satisfaction of all requirements of Title 7 arising fr~the surrender.
(v) All legal prer~ites to the adoption of this
resolution have occurred.
B. Resolution.
The City Oouncil of the City of Rancho O~amonga does hereby
find andresolve as follows:
this Resolution.
In all respects as set forth in the Recitals, Part A, of
2. The City of Rancho O~amonga acoepts the surrender of
that certain Franchise Agreement for the provision of cable television
services by and between Times and City as approved pursunat totheR e solution
of this City Council No. 90-493.
Further, pursuant to Section 7.02.150 of Title 7 of the Rar~_ho O~rmww3nga
Municipal Code, Times has no syste~ facilities to remove and none were
installed and thus no City property requires restoration. Times is now
released frcm thedutyandobligationtoprovidecabletelevisionservicesof
R~solution No. 93-175
p~2
any nature within City. In the event Times, or its successor in interest,
desires to provide cable televisic~ or related services within City, it shall
be required to obtain a franchise pursuant to Title 7 of the P~ Cucamonga
Municipal COde.
3. ~ne City Clerk shall certify to the adoption of this
Resolution and shall cause a copy of the signed Resolution to be sent to
Times.
PASSED, ~, and ADOPI~D this 6th day of October, 1993.
Alexander, Gutierrez, Stout, Williams
NOES: None
Dennis L. Stout, Mayor
I, D~]~A J. ADAM~, CITY c~.R~K of the City of Rancho Cucamonga, California, do
hereby certify that the foregoing Resolution was duly passed, approved, and
adopted by the City Council of the City of Rancho C%~amonga, Califcxnia, at a
regular ~eeting of said City Council held on the 6th day of October, 1993.
Executed this
California.
7th day of October,
1993, at Rancho Cucamonga,
City Clerk
Resolution No. 93-175
Pa 3
Times Mirror
Cable Television
September 15, 1993
EXHIBIT 1
Ma~hng Address
P0 8ox ~9398
Irvine CA 92713-9398
Timos Mirror
CabIra Television
2381-2391 Morse Ave
tryme CA 92714-6233
7?4 660-0500
Mr. Jerry Fulwood
Deputy City Manager
City of Rancho Cucamonga
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91729
Dear Mr. Fulwood:
As you know, a cable television franchise was granted by the City of
Rancho Cucamonga to Times Mirror Cable Television of Riverside
County, Inc., dba Dimension Cable Services, (hereinafter referred to as
"TMCT"), by Resolution No. 90-493, passed by the City Council on
December 28, 1990.
As you also know, lengthy litigation prevented TMCT from performing
under the terms of the Franchise. Although the litigation is now
complete, the two and one-half years it took to complete it resulted in
lost opportunities to build and operate a viable Cable television system.
Therefore, TMCT respectfully surrenders its Franchise Agreement to the
City. Please provide us with an acknowledgement to that effect for our
records.
Thank you for your cooperation.
Sincerely,
Vice President, Corporate Affairs
RJW:It
I' ril i11111111'11 ~ ....