HomeMy WebLinkAbout4974_CCv0001.pdf RESOLUTION NO. 4974
RESOLUTION APPROVING THE TRANSFER OF CABLE TELEVISION
FRANCHISE FROM AMERICAN CABLE TV OF REDLANDS JOINT VENTURE TO
TCI CABLEVISION OF CALIFORNIA, INC.
WHEREAS, American Cable TV of Redlands Joint Venture d/b/a Southland Cablevision,
a Colorado general partnership ("Seller"), and affiliated entity of Tele-Communications, Inc., a
Delaware Corporation ("TCI"), is the duly authorized holder of a franchise, permit, license or other
authorization, as amended to date (the "Franchise"), authorizing the operation and maintenance
of a cable television system and authorizing Seller to serve the City of Redlands (the "City") with
cable television services; and
WHEREAS, Seller and TCI are parties to that certain Asset Purchase Agreement dated
January 18, 1993 (the "Agreement") wherein Seller and TCI agree that TCI will acquire all of the
assets used in the ownership and operation of the System; and
WHEREAS, TCI has agreed to an assignment of all of its right, title and interest in the
Agreement to TCI Cablevision of California, Inc. a California corporation and direct subsidiary of
TCI ("TCI-CA"); and
WHEREAS, TCI-CA desires to acquire from Seller all the rights and privileges of the
Franchise and assume all of the obligations of Seller under the Franchise accruing from the date
of closing under the Agreement; and
WHEREAS, the Franchise authorizes the transfer and assignment of the Franchise by
Seller, subject to the adoption of this Resolution authorizing such transfer; and
WHEREAS, Seller has requested the approval and consent of the City for the transfer and
assignment of the Franchise by Seller to TCI-CA; and
WHEREAS, the City is willing to approve of and grant its consent to the transfer and
assignment of the Franchise and related assets of the cable television system from Seller to TCl-
CA, subject to the conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED, that, subject to all of the existing terms and
conditions of the Franchise, the City hereby approves the assignment by Seller of its right, title
and interest in the Franchise and related assets of the cable television system from Seller to TCI-
CA and assumption by TCI-CA of the obligations of Seller under the Franchise which accrue from
and after the date of the consummation of the sale to TCI-CA of the Franchise and relate assets
and the closing of the transactions under the Agreement, subject to applicable federal and state
laws.
RESOLVED FURTHER, that the City hereby confirms that: (a) the Franchise was properly
granted; (b) the Franchise is in full force and effect; (c) the term of the Franchise expired as of
May 3, 1992, but has been extended through August 28, 1993; and (d) to the City's knowledge
there exists no fact or circumstance which constitutes or which, with the passage of time or giving
of notice or both, would constitute a default under the Franchise or will entitle the City to cancel
or terminate the rights thereunder, except upon the expiration of the full term thereof.
RESOLVED FURTHER, that the authorization of the transfer and assignment of the
Franchise from Seller to TCI-CA is expressly conditioned upon the consummation of the sale to
TCI-CA of the Franchise and related assets and the closing of the transactions under the
Agreement.
RESOLVED FURTHER, that these Resolutions shall be deemed effective as of the date
the sale of the Franchise and related assets of the cable television system by Seller to TCI-CA
and the closing of the transactions under the Agreement are consummated.
RESOLVED FURTHER, that these Resolutions are hereby declared to be a measure in
the interest of the public peace, health, welfare and safety.
ADOPTED, SIGNED AND APPROVED this 4th day of May, 1993.
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ATTEST:
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City I
I, Lomie Pcyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution
was duly adopted by the City Council at a regular meeting thereof held on the 4th day of May,
1993, by the following vote:
AYES: Councilmembers Larson, Cunningham, Milson, Foster; Mayor DeMirjyn
NOES: None
ABSENT: None
City Cle7f
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Resolution No. 4974
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