Loading...
HomeMy WebLinkAbout92-077 - Resolutions RESOI/3TION NO. 92-077 A RESOI23TION OF THE CITY COUNCIL OF THE CITY OF RAN~O CUCAMONGA, CAI.IFORNIA, APPROVING THE TRANSFER OF OWNER- SHIP AND CONTROL OF THE CABLE Tk~.~VISION FRANCHISE AGREE- MENT PREVIOUSLY GRANTED TO DCA CABLEVISION-DICKINSON CAT,TFORNIA ARIZONA ASSOCIATES, LTD. (DCAA) TO RESPEC- ~Y DCA CABLEVISION, A CALIFORNIA GENERAL PARTNERSHIP A. Recitals. (i) Pursuant to Title 7 - [Cable Television Systems and Franchises] of the Rancho Cucamonga Municipal Code the City Council of the City of Rancho Cucamonga, California (sometimes hereinafter "GRANTOR"), has heretofore granted a cable television franchise agreement to the entity known as Dickinson California Arizona Associates (sometimes "DCAA" or "GRANTEE"). This Council, pursuant to Title 7 of the Rancho Cucamonga Municipal Code, retains jurisdiction to regulate and approve, conditionally approve or disapprove any and all requests of GRANTEE to transfer its ownership and control of such franchise. (ii) Pursuant to Section 7.02.100 of Title 7 of the Rancho Cucamonga Municipal Code GRANTEE has submitted a request for GRANTOR's consent to transfer ownership of the franchise to a new entity known as DCA Cablevision, a California General Partnership comprised of Dickinson California Arizona Associates, Ltd. and West Coast Cable Partners, L.P. and control to Marks and Associates, Inc. a general partner of West Coast Cable Partners L.P. (collectively "transferee' s"). (iii) This Council has received, reviewed and considered written and oral evidence which demonstrates that its consent to the requested transfer of ownership and control will be of benefit to the public and in conformance with the requirements of Title 7 of the Rancho Cucamonga Municipal Code. (iv) All legal prerequisites to the adoption of this Resolution have properly occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, consent and resolve as follows: SECTION 1: In all respects as set forth in th Recitals, Part A, hereinabove. SECTION 2: That the proposed transfer of ownership and control frGm GRANTEE to the TRANSFERk~F~ is in the best interests of and will benefit the public. The totality of the evidence presented to GRANTOR is satisfactory to demonstrate compliance with the standards established in Section 7.02.100 of Title 7 of the Rancho Cucamonga Municipal Code, as enforced by GRANTOR. Resolution No. 92-077 Page 2 SECTION 3: This consent to and approval of the transfer of ownership and control shall not be effective until the TRANSFE~.q have become a sign~- tory to the existing franchise agreement. SECTION 4: This consent to and approval of the transfer of ownership and control is further conditioned upon satisfaction of the following terms, representations and covenants: 1) The DCA Cablevision, a California General Partnership accepts and will comply with all provisions of the existing DCA Cablevision franchise agreement, except those of Section 8 and Exhibit C, which have been preempted by federal law. 2) In settlement of DCA's present noncompliance with Sections 5.5 and 7.2(b) of the franchise agreement, DCA Cablevision, a California General Partnership will pay or cause to be paid to the City the sum of $67,663.00 prior to, but no later than, March 26, 1992. Simultaneously, DCA Cablevision, a California General Partnership will pay or cause to be paid to the City: (a) the sum of $34,035.26, to bring the tk3st due franchise fees current to December 31, 1991, and (b) the estimated franchises due is $34,000.00 for the first quarter of 1992 (ending March 31, 1992). As to the payment of estimated fees; at the time of final calculation of the actual franchise fees the parties shall, upon reasonable request from either party, promptly deliver to the party due the same full amount of any under or overpayment as reflected between the estimated fee paid and the actual sum payable. Furthermore, DCA Cablevision, a California General Partnership agrees to pay the quarterly franchise fees on a timely basis which will be no more than forty-five (45) days beyond March 31, June 30, September 30 and December 31. It is agreed that these payments will resolve all outstanding franchise fee noncompliance issues, pending the outcome of the franchise fee audit. 3) Within thirty (30) days after the effective date of the transfer, DCA Cablevision, a California General Partnership shall furnish to the City proof of coverage of the insurance required by Section 3.5 of the franchise agreement, and concurrently shall provide the security fund required by Section 3.6 of the franchise agreement. 4) The requirement of Section 7.2(b) for a PIE access capital equipment grant of one dollar ($1.00) per subscriber per year shall continue so long as the current franchise agreement remains in force. Upon written demand by the City, TRANSFE~ shall promptly deliver to City any such accrued grant funds and any required access channel capacity, in accordance with its access cablecasting needs, as indicated by an access operating plan approved by the City Council. The City shall be responsible for operating costs under any approved plan. Resolution No. 92-077 Page 3 5) TRANSFE~F-q shall pay to GRANTOR, upon request by GRANTOR, the sum of One Thousand Dollars ($1,000.00). Such monies shall be exclusively used by GRANTOR to assist in the payment of cable consultant fees incurred by GRANTOR as a direct result of this request to transfer ownership and control. 6) All parties agree that any accrued but unexpended fur~l~ provided under Section 7.2(b) may be utilized, at the City's option, not only for access cablecasting equipment and facilities, but also to defer part of the cost of an interconnection system among the City's franchised cable systems so that access programs can be transmitted simultaneously to all cable subscribers in the City. SECTION 5: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 26th day of March, 1992. AYES: Alexander, Buquet, Stout, Williams NOES: None De~is L- Stout, Mayor I, DEBRA J. ADAMS, CITY CLERK 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 Cucamonga, California, at a regular meeting of said City Council held on the 26th day of March, 1992. Executed this 27th day of March, 1992, at Rancho Cucamonga, California.