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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 ~ ....