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RESOLUTION NO. 3983
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, DECLARING ITS
INTENTION TO GRANT A FRANCHISE TO MAINTAIN
AND OPERATE A COMMUNITY ANTENNA TELEVISION
SYSTEM IN THE CITY, STATING THE TERMS UPON
WHICH IT SHALL BE GRANTED AND FIXING A TIME
AND PLACE FOR A PUBLIC HEARING THEREON.
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Arcadia
does hereby declare its intention to grant a franchise to H & B
COMMUNICATIONS CORPORATION, a California Corporation doing business
under the name and style of FOOTHILL TV CABLE CO. (said corporation
being a wholly owned subsidiary of H & B AMERICAN CORPORATION, a
New York Corporation) authorizing said corporation to maintain and
operate a community antenna television system within the City of
Arcadia.
SECTION 2. That said franchise shall be granted for a
periOd of ten (10) years upon the terms and conditions set forth
in Article VII, Chapter 7, Parts 1, 2 and 3 of the Arcadia Municipal
Code and the terms and conditions contained in the Bid Proposal of
H & B COMMUNICATIONS CORPORATION dated December 27, 1967, as
supplemented and amended by its letter dated February 22, 1968,
which document is incorporated herein by reference. No installation
charge shall be made to any customers being served by National
Transvideo or Foothill at the time a franchise is awarded. A fur-
ther condition of said franchise shall be as follows: If the fran-
chise is legally terminated for any reason before the end of its
term, said City shall have the right, privilege and power to take
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possession of all of the property of said grantee of said franchise
within the City used pursuant to the franchise and retain and operate
the same for a period of up to nine (9) months after the effective
date of termination or until such time as another CATV franchise is
granted covering the same area as that covered by the' subject fran-
chise; if the physical plant of said grantee is not transferred to
the grantee of the new franchise or said nine (9) months passes then
said property shall be disposed of pursuant to the terms of the
subject franchise; said grantee shall supply all the signals as
required by the subject franchise from the head end to the City
limits during said nine (9) months' period or until another fran-
chise is granted and City shall pay a reasonable fee for such ser-
'vice; in the event the parties cannot agree upon a reasonable fee,
said grantee shall supply the signal and the determination of what
is a reasonable fee shall be determined in a court of law; if said
grantee does not supply such a signal as herein required then City
shall have the right, privilege and power to take possession of
the antenna end and all of said grantee's property between the
antenna end and the City limits and operate the same for said
maximum period of nine (9) months without payment of any charge to
said grantee; no other charge shall be paid by City to said grantee
for the use of said grantee's property during said nine (9) months'
period or until another franchise is granted; said grantee shall
assign to City all of its right, title and interest in and to any
contract it has with any public utility for the use of its equip-
ment used in connection with the CATV system and shall supply City
with an up-to-date list of all its customers supplied with CATV
pursuant to the subject franchise and shall assign to City all of
its agreements with said customers; customer charges shall be
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prorated to the effective date of termination of the franchise;
the City may at its option purchase the property of said grantee
within the City and the option to purchase said grantee's head end
and facilities leading into the City and if said head end and said
facilities are used by others outside of the City, City shall lease
the use of such head end and said facilities for a period no longer
than the balance of the term of any franchise dependent on the use
of said head end and facilities, but in no event longer than ten
(lO) years or beyond a period when said head end and facilities be-
come obsolete or so depreciated so as not to be economically rehabi-
said
table. The purchase price and/lease price shall be the fair market
value of the property purchased or leased as determined by three
appraisers, one appointed by the City, one appointed by the grantee
of the franchise, and one appointed by the other two appraisers.
The agreement of any two of the appraisers as to the fair market
value shall be deemed the fair market value; said option shall be
exercised within nine (9) months of said termination; said grantee
consents to the City's obtaining an injunction, temporary restrain-
ing order or preliminary injunction, each of the mandatory type,
to enforce the terms of the conditions set forth herein.
Three (3) copies of said Bid Proposal are on file in
the office of the City Clerk of the City of Arcadia available for
inspection by any interested party.
SECTION 3. Notice is hereby given that on Tuesday, the
19th day of March, 1968, at the hour of 8:00 o'clock p.m. of said
day, in the Council Chamber of the City Council of the City of
Arcadia, in the City Hall of said City, 240 West Huntington Drive,
Arcadia, California, any and all persons having any interest in
or any objection to the granting of a franchise to H & B COMMUNI-
CATIONS CORPORATION, a California Corporation doing business under
the name and style of FOOTHILL TV CABLE CO., for the maintenance
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and operation of a community antenna television system within the
city of Arcadia as described herein may appear before the City
Council at said time and place and be heard thereon.
SECTION 4. The City Clerk shall certify to the adoption
of this resolution and shall cause the same to be published at
least once in the Arcadia Tribune, a newspaper of general circula-
tion, published and circulated in the City of Arcadia and hereby
designated for that purpose, within fifteen (15) days of the passage
of said resolution and no later than ten (10) days prior to the date
of the public hearing set forth herein.
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia held
on the 5th day of March, 1968, by the affirmative vote of at least
three Councilmen, to wit:
AYES:
Councilmen Butterworth, Forman, Rage and
Considine
NOES:
Councilman Arth
ABSENT:
None
&it:b1u)?;14?0 ~
Ci ty erk of the City of Arcadia
SIGNED AND APPROVED this 5th day of March, 1968.
ATTEST:
~~?;~ 52A~~
City Cler
(SEAL)
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