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HomeMy WebLinkAbout87-595 - Resolutions RESOLUTION NO. 87-595 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING THE TRANSFER OF CONTROL OVER THE CITY FRANCHISE AGREEMENT WITH SCOTT CABLE COMMUNICATIONS, INC. WHEREAS, Scott Cable Communications, Inc. ("the Franchisee") has a non-exclusive franchise granted by the City of Rancho Cucamonga to authorize the cable television system in the City pursuant to Ordinance No. 220 and a Franchise Agreement effective April 18, 1985; and WHEREAS, Simmons Communications Merger Corp. has entered into a merger agreement pursuant to which control over the Scott Cable Communications, Inc. system in Rancho Cucamonga will change, and has requested approval of such a change of control over the franchise] and WHEREAS, Scott Cable Communications, Inc. has also requested the consent of the City Council to the granting of a security interest in the cable television franchise held by it] and WHEREAS, the City Council has reviewed the request for and hereby desires to consent to the change of control to 1.) Steven J. S~mmons] 2.) Allstate Insurance Company; and/or 3.) Media/Communications Partners Limited Partnership, provided that Media/Communications Partners Limited Partnership and Allstate Insurance Company shall have a right to transfer not more than an aggregate of 15% of their interests to one or more entities controlled by them. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE THAT: The request for change of control is hereby granted pursuant to all of the terms and conditions set forth in that certain agreement dated April 18, 1985. The City Council consents to the grant of security interest(s) in the Franchise and the tangible assets of the cable system located in the City of Rancho Cucamonga to secure any indebtedness or obligations owed by the Franchisee or which hereinafter may be incurred by the Franchisee. The City Council further consents to the exercise by any secured party of its rights as a secured party in the Franchise and cable system. The City Council agrees to accept performance of Scott's obligations under the Franchise by such a secured party. Nothing contained herein shall constitute a waiver of any rights the City Council may have to approve any further transfer or assignment of the Franchise by the Franchisee or any such secured party. Resolution No. 87-595 Page 2 PASSED, APPROVED, and ADOPTED this 4th day of November. 1987. AYES: Brown, Buquet, Stout, King, Wright NOES: None AB SENT: None Dennis L. Stout, Mayor ATTEST: Beverly I. BEVERLY A. AUTHELET. CITY CLKRK of the City of Ranch~ 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 4th day of November, 1987. Executed this 5th day of November, 1987 at Rancho Cucamonga, California. Beverly A Aut~