Res 89-163RESOLUTION NO. 89- 163
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, APPROVING A CABLE
TELEVISION FRANCHISE ISSUED TO SOUTHWESTERN
CABLE TV BY THE CITY OF POWAY, A CONSENT TO
ASSIGNMENT OF FRANCHISE AND CONTRACT, AND AN
AGREEMENT BETWEEN AMERICAN TELEVISION AND
COMMUNICATIONS CORPORATION AND THE CITY OF
POWAY RELATING TO AN APPLICATION FOR CABLE
COMMUNICATION SYSTEM TRANSFER
WHEREAS, Signal Master, Inc. possesses a Franchise to construct and operate
a cable television system within the City of Poway; and
WHEREAS, Signal Master, Inc. has submitted an application for renewal of
said Franchise; and
WHEREAS, Signal Master, Inc. has requested that the City approve a transfer
of the Cable Television Franchise whereby the Franchise is initially transferred
to Signal Master, Ltd., a California Limited Partnership and subsequently trans-
ferred to American Television and Communications Corporation, dba Southwestern
Cable TV; and
WHEREAS, the City Council of the City of Poway has determined that it would
be in the public interest to grant said Franchise renewal upon the terms and
conditions contained in the Franchise Agreement on file in the Clerk's Office;
and
WHEREAS, the City Council of the City of Poway has determined that it would
be in the public interest to consent to the Franchise Transfer to American
Television and Communications Corporation upon the terms and conditions con-
tained in the Transfer Agreement and Consent to Assignment of Franchise and
Contract on file in the Clerk's Office; and
WHEREAS, all the acts contained in this Resolution are commenced pursuant to
the authority to the City Council of the City of Poway pursuant to Ordinance No.
298.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
SECTION 1:
That the Cable Television Franchise Issued to Southwestern Cable TV by the City
of Poway {"Franchise Agreement"), A Consent to Assignment of Franchise and
Contract {"Consent") and An Agreement Between the American Television and
Communications Corporation and the City of Poway Relating to an Application for
Cable Communication System Transfer {"Transfer Agreement"), are hereby approved
by the City Council, and the City Manager is hereby authorized to execute the
Agreements thirty {30) days after the second reading of Ordinance No. 298.
SECTION 2:
Upon execution of the Franchise Agreement and Transfer Agreement by American
Television and Communications Corporation, the transfer of the Cable Television
Franchise held by Signal Master, Inc. to Signal Master, Ltd., provided in the
Consent is hereby approved; provided, however, if either or both Agreements are
Resolution No, 89-163
Page 2
not executed by American Television and Communications Corporation, or if the
transfer of the Cable Television Franchise to American Television and
Communlcations Corporation is not completed and closed, this approval becomes
null and void and the application of Signal Naster, Inc. to transfer its
Franchise to Signal Naster, Ltd. is deemed denled.
SECTION 3:
The approval of the Franchise Agreement and Transfer Agreement are deemed to be
mutually dependent upon the other and neither Agreement shall be deemed approved
unless American Television and Communications Corporation executes and accepts
both Agreements.
SECTION 4:
The approvals contained in this Resolution shall be deemed null and void unless
American Television and Communications Corporation executes the Franchise
Agreement and the Transfer Agreement within forty-five {45) days of the date of
adoption of this Resolution.
SECTION 5:
The City Attorney of the City of Poway, or his designee, is hereby authorized
and directed to make nonsubstantive corrections to said documents, prepare all
necessary documents and obtain all necessary signatures in order to fully exe-
cute the documents described above.
APPROVED, PASSED AND ADOPTED by the City Council of the City of Poway,
California, this lOth day of October 1989.
Carl R. Kruse, Mayor
ATTEST:
Marjorie K~ Wahlsten, City Clerk
Resolution No. 89- ].63
Page 3
STATE OF CALIFORNIA )
) $$o
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
that the foregoing Resolution, No. 89- 163, was duly adopted by the City Council
at a meeting of said City Council held on the 1Dth day of October 1989, and that
it was so adopted by the following vote:
AYES:
COUNCILMEMBERS: EMERY, GOLDSMITH, HIGGINSON, KRUSE
NOES:
COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRANNON
Marjorie~. Wahlsten, City Clerk