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RESOLUTION NO. 5-89
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS CONSENTING TO THE SALE AND TRANSFER
OF A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FROM
SUN COUNTRY CABLE, INC. TO PACIFIC SUN CABLE PARTNERS, L.P.
AND AUTHORIZING EXECUTION OF AN ASSUMPTION AGREEMENT
IN CONNECTION THEREWITH
RESOLVED, by the City Council of the Town of Los Altos Hills, County of
Santa Clara, State of California, that
WHEREAS, on June 21, 1988, the City Council adopted Franchise
Procedural Ordinance No. 323 entitled wherein the Town was authorized to
grant one or more non-exclusive franchises to operate a Cable Television
System in the TOWN OF LOS ALTOS HILLS (herein called the "TOWN")
subject to certain provisions, terms and conditions; and
WHEREAS, on June 21, 1988, by adoption of Ordinance No. 324, the
City Council granted to Sun Country Cable, Inc., a Corporation, a
non-exclusive franchise for a period of fifteen years from the date of
acceptance of the franchise on the terms and conditions therein set forth, to
install, construct, reconstruct, operate, and maintain a cable
communications system within the Town of Los Altos Hills, and which
franchise incorporated by reference the provisions of Ordinance No. 323;
and
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WHEREAS, on June 21, 1988, Sun Country Cable Inc., (herein called
"SUN") and the Town of Los Altos Hills (herein called the "TOWN") entered
into and executed an Agreement entitled
"AN AGREEMENT GRANTING A NON-EXCLUSIVE
FRANCHISE TO SUN COUNTRY CABLE, INC. TO OPERATE A
CABLE TELEVISION SYSTEM IN THE CITY OF LOS ALTOS
HILLS AND SETTING FORTH CONDITIONS ACCOMPANYING
THE GRANTING OF THE FRANCHISE"
(herein called the "AGREEMENT"); and
WHEREAS, on October 19, 1988 by adoption of Resolution No. 115-88
the City Council consented to the sale and transfer of the non-exclusive
franchise described above to SUN COUNTRY CABLE HOLDINGS, L.P., of which
SUN WEST CABLE, INC., a California Corporation, is General Partner; and
WHEREAS, the sale and transfer referred to in Resolution No. 115-88
was not completed; and
WHEREAS, SUN now desires to sell and transfer its Franchise described
in Ordinance No. 324 and in the Agreement to PACIFIC SUN CABLE
PARTNERS, L.P., a Washington Limited Partnership (herein called the
"LIMITED PARTNERSHIP"); and
WHEREAS, Franchise Procedural Ordinance No. 323 requires that the
prior consent of the TOWN be obtained in connection with the sale,
transfer, or disposition of any Cable Television Franchise; and
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WHEREAS, SUN, LIMITED PARTNERSHIP, SUN WEST CABLE, INC., and
TOWN each desire to enter into an Assumption Agreement wherein TOWN
shall consent to the sale and transfer of SUN's non-exclusive franchise and
LIMITED PARTNERSHIP AND SUN WEST CABLE, INC. each covenants and
agrees to assume and to be responsible for performance of the terms,
conditions and obligations of SUN under the Franchise but without relieving
SUN of its obligations to perform under the terms of Ordinance Nos. 323
and 324, and the Agreement; and •
WHEREAS, the City Council of the Town of Los Altos Hills has read and
considered that certain Assumption Agreement between the TOWN OF LOS
ALTOS HILLS and SUN COUNTRY CABLE, INC, a Corporation, and SUN WEST
CABLE, INC., and PACIFIC SUN CABLE PARTNERS, L.P., a Washington
Limited Partnership,
NOW, THEREFORE, IT IS HEREBY FOUND, ORDERED AND DETERMINED as
follows:
1. Public interest and convenience require the granting of consent and
entering into of the Assumption Agreement described above, and the Town
of Los Altos Hills hereby consents to the sale and transfer of the
non-exclusive cable television franchise described above from Sun Country
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Cable, Inc. to Pacific Sun Cable Partners, L.P., a Washington Limited
Partnership, and further hereby approves the above described Assumption
Agreement.
2. The Town of Los Altos Hills shall enter into and the Mayor and the
City Clerk of the Town of Los Altos Hills be, and they and each of them
hereby is, authorized and directed on behalf of the Town, respectively, to
execute and attest the Assumption Agreement described above.
REGULARLY PASSED AND ADOPTED this 9thday of January , 1989.
M
ATTEST:
(
CITY CLERK)
10589
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