HomeMy WebLinkAbout3953_CCv0001.pdf RESOLUTION NO. 3953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS CONSENTING TO ASSIGNMENT OF A CABLE TELEVISION
FRANCHISE IN REDLANDS FROM FIELD CABLEVISION OF
REDLANDS-YUCAIPA, INC . TO AMERICAN CABLE OF REDLANDS
JOINT VENTURE AND FIELD ENTERPRISES , A GENERAL PARTNERSHIP
WHEREAS , by Ordinance No. 1480 , adopted April 4 , 1972 ,
the City granted a franchise for the construction, operation
and maintenance of a Community Antenna Television System in
Redlands (the "System") to Televents of California , Inc . ;
WHERFAS , the franchise was granted under the terms and
conditions of Ordinance No . 1445 , as amended by Ordinance No . 1459 ;
WHEREAS , by Resolution No. 3058 , adopted August 7 , 1973 ,
the City Council approved the assignment of the franchise to
Televents of Redlands , Inc . and the franchise was thereafter
assigned to Televents of Redlands , Inc . prior to the merger
of Televents of California, Inc . into Televents , Inc . ;
WHEREAS , by Resolution No. 3722 , adopted November 18 ,
1980 , the City Council approved the assignment of the franchise
to Field Cablevision of Redlands-Yucaipa , Inc . ("Field Redlands" )
and the franchise was thereafter assigned to Field Redlands ;
WHEREAS , the franchise granted by Ordinance No. 1480 , as
amended by Ordinance No. 1618 , was granted under the terms of
Ordinance No. 1445 , as amended by Ordinance No . 1459 , as further
amended by Ordinance No. 1526 and by Ordinance No. 1678 , and
various changes in service rates authorized thereunder have also
been approved on January 7 , 1975 , January 3 , 1978 , January 2 ,
1979 , May 20 , 1980 and February 21 , 1982 , by the City Council
(the franchise as heretofore amended being hereinafter called
the "Franchise") ;
WHEREAS, Field Redlands has entered into an agreement
(the "Agreement") pursuant to which it has agreed to sell all
of its assets pertaining to its community antenna television
systems located in certain areas of California , including the
Franchise , to American Cable of Redlands Joint Venture ("American
Cable") , subject to certain conditions , including the consent
of the City Council to the assignment of the Franchise to American
Cable;
WHEREAS , Field Communications Corporation , the parent
corporation of Field Redlands , and Field Enterprises , Inc . ,
the parent corporation of Field Communications Corporation ,
have adopted plans of liquidation and complete dissolution which
contemplate that all the assets of Field Communications Corporation
and Field Enterprises , Inc . will be distributed to Field Enterprises ,
a Delaware partnership , no later than March 15 , 1984 ;
WHEREAS , according to the above-described plan of liquidation ,
if the closing under the Agreement does not occur prior to such
liquidation , Field Redlands will assign the Franchise to Field
Enterprises and, upon the occurrence of the closing under the
Agreement , Field Enterprises would assign the Franchise to American
Cable , all subject to certain conditions , including the consent
of the City Council to such assignments ;
WHEREAS , under the provisions of Section 7 . G. of Ordinance
No. 1445 , Field Redlands has requested the City Council to consent
to and approve the assignment of the Franchise by Field Redlands
to American Cable , and, in the alternative , the assignment of
the Franchise by Field Redlands to Field Enterprises and then
by Field Enterprises to American Cable;
WHEREAS , the Council , after a public hearing on this :natter
held on March 6 , 1984 , finds that the proposed assignee , American
Cable , has shown financial responsibility and has agreed to
comply with all the provisions of the Franchise (including the
provisions of the Ordinances referred to therein) , if assigned,
and whereas the Council also finds that Field Enterprises has
shown financial responsibility and has agreed to comply with
all the provisions of the Franchise (including the provisions
of the Ordinances referred to therein) , if assigned;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Redlands as follows :
1 . The City of Redlands consents to and approves the assign-
ment , sale and transfer of the Franchise ,
FROM: Field Cablevision of Redlands-Yucaipa, Lac, .
1825 Industrial Park Avenue
Redlands , California 92373
TO: American Cable of Redlands Joint Venture
2930 East Third Avenue
Denver , Colorado 80206 ,
subject to the consummation of the sale and transfer of the
Franchise from Field Redlands to American Cable on or before
the date of liquidation, and subject further to filing with
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the City Clerk of the City of Redlands , of the following duly
executed documents :
(a) Within ten days following such transfer and
assignment , an executed copy of an assignment
of the Franchise by Field Redlands to American
Cable ; and
(b) An executed copy of an agreement by American
Cable to comply with all the provisions of
the Franchise (including the provisions of
the Ordinances referred to therein) and of
this resolution.
2. The City of Redlands hereby consents to and approves
the assignment , sale, and transfer of the Franchise,
FROM: Field Cablevision of Redlands-Yucaipa, Inc .
1825 Industrial Park Avenue
Redlands , California 92373
TO: Field Enterprises
401 North Wabash Avenue
Chicago , Illinois 60611
and thereafter ,
FROM: Field Enterprises
401 North Wabash Avenue
Chicago , Illinois 60611
TO: American Cable of Redlands Joint Venture
2930 East Third Avenue
Denver , Colorado 80206 ,
each such assignment being subject to the consummation of the
sale and transfer of the Franchise from Field Redlands to American
Cable as authorized in the preceding Resolution not hav-.ng taken
place prior to the liquidation , and, in the case of the assignment
from Field Redlands to Field Enterprises , subject further to
filing with the City Clerk of the City of Redlands , between
March 15 , 1984 and May 15 , 1984 , of the following duly executed
documents :
(a) Within ten days following such transfer and
assignment, an executed copy of an assignment
of the Franchise by Field Redlands to Field
Enterprises; and
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(b) An executed copy of an agreement by Field
Enterprises to comply with all of the provi-
sions of the Franchise (including the provisions
of the Ordinances referred to therein) and
of this resolution;
and, in the case of the assignment from Field Enterprises to
American Cable, subject further to filing with the City Clerk
of the City of Redlands , between March 15 , 1984 and May 15 ,
1984 , of the following duly executed documents :
(a) Within ten days following such transfer and
assignment , an executed copy of an assignment
of the Franchise by Field Enterprises to American
Cable ; and
(b) An executed copy of an agreement by American
Cable to comply with all of the provisions
of the Franchise (including the provisions of
the Ordinances referred to therein) and of
this resolution.
3 . The City of Redlands hereby affirms that the Franchise
is currently in full force and effect .
4 . The consents and approvals hereby granted are given
pursuant to the Franchise and are permitted by the City of Redlands
Municipal Code. The consents and approvals hereby given do
not , however , constitute and shall not be construed to constitute
a waiver of any obligations of American Cable or Field Enterprises ,
as transferees of the Franchise , under the Franchise , nor be
construed to estop the City from enforcing any provision of its
ordinances on the Franchise.
5 . The City of Redlands hereby does not object to the
pledge by American Cable following the transfer of the Franchise
to it of the assets of the System including the Franchise , in
order to partially secure borrowings by American Cable.
6 . Except as set forth herein , this resolution shall
not otherwise have any effect on the terms , covenants and condi-
tions of the Franchise held by Field Redlands.
7. The transfer shall be subject to the transferee' s
written agreement to the following additional conditions :
(a) The Franchisee shall provide for the installa-
tion of underground cable conduit in new
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subdivisions of the City , as now or in the
future included in the City , at the time of
undergrounding of other utilities to such
areas , as necessary to ensure subsequent
provision of economical service to such areas.
(b) The Franchisee shall complete those portions
of the system previously agreed to , but not
yet installed, within one year of approval
of the transfer to Field Enterprises or
American Cable , whichever is earlier ,
excepting those portions of the system
planned for 5th , 6th, 7th and 9th Streets
between Park Avenue and State Street , as
shown on the map attached hereto as
Exhibit A.
(c) The offices and facilities of the Franchisee
shall be continuously open between 9 : 00 a.m.
and 5 : 00 p .m. daily , excepting weekends , to
respond to customer inquiries , problems , and
requests for services .
(d) The Franchisee may not conduct door to door
sales activities .
(e) Franchisee shall continue the existing maximum
charge of $25 . 00 for residential installations
requiring aerial or underground cable of 175
feet or less. In addition , Franchisee shall ,
consistent with subparagraph (a) above , extend
service to residential areas achieving densities
of 75 dwelling units per plant mile. Where
lower densities have been achieved, service
will be extended provided: (1) 50 percent
of the dwelling units agree to subscribe;
(2) actual construction costs exceeding $250
for each home passed are borne by the subscribers ,
exclusive of costs covered by the residential
installation charge policy; and (3) payments
are received prior to commencement of work.
Extension of service shall be completed within
6 months of receipt of payment. Where service
is requested pursuant to this paragraph, a
written estimate of the costs shall be pro-
vided to the potential customer within 30 days .
(f) Potential commercial customers shall receive
a written response , upon a request for service ,
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within 60 days, of the cost of extending
service to them. Service shall be extended
to such customers under terms , conditions,
and prices substantially equivalent to those
offered to residential customers pursuant to
subparagraph 7 (e) hereof.
(g) The Franchisee shall provide a report to the
City Council on the technology, cost, and
potential for conversion of the existing
cable system within the City to permit
expansion or introduction of two-way services.
Such report shall be submitted to the City
Council within one year.
ADOPTED, SIGNED AND APPROVED this 6th day of March, 1984 .
-- --'L G) LelyC
Mayor of the City of Redlands
ATTEST:
City Clerk
I, Lorrie Poyzer , City Clerk, City of Redlands , hereby certify
that the foregoing resolution was duly adopted by the City Council
at a regular meeting thereof held on the 6th day of March, 1984 ,
by the following vote:
AYES : Councilmembers Johnson, DeMixjyn, Martinez , Larsen;
Mayor Beswick
NOES : None
ABSENT: None
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Cit Jerk
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Resolution No. 3953
Page 6
AGENDA ITEM NO. 15 (b)
LAW OFFICES OF
BEST. BEST & KRIEGER
MEMORANDUM
March 5 , 19$4
TO: MAYOR, CITY COUNCIL AND CITY MANAGER
FROM: CITY ATTORNEY
RE: CONSENT TO TRANSFER FRANCHISE FROM FIELD CABLEVISION
OF REDLANDS-YUCAIPA TO AMERICAN CABLE AND FIELD
ENTERPRISES
We have prepared a resolution and proposed ordinance
amendment providing for consent of the City of Redlands
to the transfer of the cable television franchise now held
by Field Cablevision of Redlands-Yucaipa, Inc . That company
is in the procgss of liquidating its assets . American Cable ,
Inc. , a joint venture related to Daniels and Associates ,
Inc. , has an agreement to purchase the Redlands franchise
along with the franchises in San Bernardino , Beaumont , March
and Norton Air Force Bases , and portions of unincorporated
Riverside and San Bernardino Counties .
In the event that some difficulty develops in trans-
ferring any of those franchises to American Cable , Inc .
a partnership composed of the major partners in the current
franchisee would succeed to the franchise. This entity
"Field Enterprises" would be a caretaker organization primarily
interested in finding another suitable buyer for the franchise.
In its application, Field Enterprises , the partnership ,
J
LAW OFFICES OF
BEST, BEST & KRIEGER
has committed to continuing the practices and policies
of the existing franchisee.
The enclosed resolution conditions the transfer
on compliance by the new franchisee with certain conditions .
In addition to assuming all of the responsibilities of
the existing franchisee without change , paragraph 7 of
the resolution requires the franchisee to extend service
to new and developing areas , and to complete construction
of the system proposed by its predecessor. A policy requiring
undergrounding in new subdivisions and extension of service
to areas attaining 60 dwelling units per mile would be
required.
The transferee has requested that it not be required
to serve such low density areas unless it is permitted
to canvas door-to-door on a semiannual basis . Current
ordinances prohibit such activity. The enclosed ordinance
amendment which would permit such solicitations with Council
consent , registration of solicitors , and advance notice
to the Police Department of the areas to be canvassed.
Eased upon the minimum allowable lot frontages in residential
zones in the City , the following densities are available
in the City' s residential zones : Residential Estate : 52. 8
du/mile; Residential-Suburban: 62 du/mile; R-1 Single Family
Residential : 88 du/mile ; R-1-D Single Family Residential :
102 du/mile. These figures assume complete buildout and
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LAW OFFICES OF
BEST, BEST & KRIEGER
do not allow for street widths or intervening nonresidential
uses and properties. The existing franchisee has extended
service beyond the originally proposed service area through-
out the City.
We recommend adoption of the enclosed resolution.
GREGORY V. LOSER
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