HomeMy WebLinkAbout115-88 •
RESOLUTION NO. 115-88
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 SUN COUNTRY CABLE HOLDINGS,
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 termsand 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, SUN desires to sell and transfer its Franchise described in
Ordinance No. 324 and in the Agreement to SUN COUNTRY CABLE
HOLDINGS, L.P., a 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
WHEREAS, SUN, LIMITED PARTNERSHIP 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 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
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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
COUNTRY CABLE HOLDINGS, L.P., a 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
Cable, Inc. to Sun Country Cable Holdings, L.P. 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 a/14 day of October, 1988.
BY
MAYOR
ATTEST:
CITY C K . 92788
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