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HomeMy WebLinkAbout1986-08-19; City Council; Resolution 8754A _* f 1 2 3 4 5 6 7 e 9 10 11 12 15 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 28 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. ///// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)