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HomeMy WebLinkAboutResolution 26-82 RESOLUTION NO. 26-82 A RESOLUTION OF THE CITY OF ATASCADERO APPROVING THE TRANSFER OF THE COMMUNITY ANTENNA ' TELEVISION FRANCHISE FROM FALCON CABLE CORPORATION TO FALCON CABLE TV OF NORTHERN CALIFORNIA ' WHEREAS, the City of Atascaderq has granted a community antenna television system ("CATV") to Falcon Cable Corporation, a California Corporation; and WHEREAS, Falcon Cable Corporation has been providing CATV services to the City of Atascadero under the name Falcon Cable TV; . and ' WHEREAS, the stock of Falcon Cable Corporation is owned 100% by Falcon Cable TV of Northern California, a general partnership consist- ing of Falpro Corporation (40%) , Advance Corporation (40%) , and Black- hawk Communications Corporation (20%) ; and WHEREAS, a communication has been received from Falcon Cable Cor- poration indicating its desire to transfer the existing CATV franchise from Falcon Cable Corporation to Falcon Cable TV of Northern Califor- nia; and ' WHEREAS, this transfer will accommodate certain accounting consid- erations and will enable the partners of Falcon Cable TV of Northern California to consolidate all of its current franchises in a single ' entity of greater financial strength; and WHEREAS, the general partners making up Falcon Cable TV of North- ern California will be the same general partners which owned 100% of the stock of Falcon Cable Corporation, and their interest in the assets of Falcon Cable Corporation will be identical to their interest ' in the ownership of Falcon Cable TV of Northern California; and WHEREAS, the managing partner of Falcon Cable Corporation will continue as the managing partner of Falcon Cable TV of Northern Cali- fornia, and there will be no change in the management personnel or policies; and ' WHEREAS, effectively Falcon Cable Corporaiton is merely changing the name of the franchise; and ' WHEREAS, Section 6.48.070 of the Municipal Code requires the prior consent and approval of the City Council to this intended transfer . NOW, THEREFORE, the Atascadero City Council does hereby find, de- termine and declare as follows: 1. The City Council does hereby consent to the transfer of the ' CATV franchise from Falcon Cable Corporation to Falcon Cable TV of Northern California; and Resolution No. 26-82 - Falcon Cable TV 2. That this transfer will be effective when the City is in re- ceipt of a written instrument executed by Falcon Cable TV of Northern California agreeing to comply with the provisions of the Municipal Code and existing franchise agreements. On motion by Councilman Nelson and seconded by Councilman ' Mackey the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: Councilmen Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSENT: None ABSTAIN: Councilman Highland R09ERT J. WILK fS, . , May 1 ATTEST: ' RRA L. .WARDEN, City Clerk APROVED AS TO FO ALLEN GRIMES, City Attorney ' APPROVED AS TO CONTENT: I M RAY V. WARDEN, City Man er 2