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HomeMy WebLinkAbout3983 V' 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 -1- 3983 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 -2- 3983 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 -3- 3983 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) ~ c' . -. -4- 3983