HomeMy WebLinkAbout1986-08-19; City Council; Resolution 8754A _*
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RESOLUTION NO. 8754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE ASSIGNMENT AND TRANSFER OF THE FRANCHISEE' S RIGHTS, PRIVILEGES, OBLIGATIONS, DUTIES AND LIABILITIES UNDER THE CABLE TELEVISION FRANCHISE GRANTED BY ORDINANCE NO. 6058.
WHEREAS, the City of Carlsbad ("City") approved and enacted Ordinance
No. 6058 on October 18, 1977 granting a cable television franchise to
La Costa Community Antenna System, Inc., ("LCCAS"), a California corporation;
and,
WHEREAS, LCCAS desires to transfer said franchise (inclusive of said
Ordinance No. 6058, as amended to date, the "Franchise") to Daniels
Cablevision, Inc., a delaware corporation ("DCI"), and has requested that
the proposed transfer to DCI of the Franchise be approved by resolution;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the City hereby approves of and consents to the transfer and
assignment of the Franchise and System (as hereafter defined) by LCCAS to DCI.
2. That the City hereby approves of and consents to a creation of a
security interest in and the encumbrance of the Franchise and the cable
television business and system conducted pursuant thereto (the "System") in
order to secure indebtedness.
3. That the consents and approvals hereby granted are given pursuant to
the terms and provisions of the Franchise but do not, however, constitute and
shall not be construed to constitute a disclaimer or waiver of any obligation
of the City under the Franchise.
4. That the Franchise was duly and legally adopted and approved by the
City, is for a term ending as stated in Ordinance NO. 6058 and that the
Franchise is hereby validated, ratified and confirmed.
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5. That DCI shall be controlled at all times during its application for
and operation, installation and maintenance of the System pursuant to the
Franchise by any provisions of the Code of the City relative to cable
television franchises and any such terms of said Code are hereby incorporated
herein by this reference as if set forth in full.
6. That the Sections of this Resolution are hereby declared to severable
and if any section, provision or part thereof shall be held unconstitutional
or invalid or unenforceable, such section, provision or part shall be fully
severable and this Resolution shall be construed and enforced as if such
section, provision or part had never comprised a part hereof and the remaining
sections, provisions and parts hereof shall remain in full force and effect
and shall not be affected by any unconstitutional or invalid or unenforceable
section, provision or part or by its severance hereform.
7. This Resolution shall become effective and continue and remain in
effect immediately upon its passage, approval and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad held the 19th day of August , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin and Pettine
NOES: None
ABSENT: None
- MARY H. CgLER, Mayor
ATTEST:
ct ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)