HomeMy WebLinkAboutRES CC 1999 1589 1999 0421RESOLUTION NO. 99 -1589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE CHANGE OF CONTROL
OF THE CABLE COMMUNICATIONS FRANCHISE HELD BY MOUNTAIN
MEADOWS CABLE TELEVISION AND ENTERTAINMENT EXPRESS,
LTD.
WHEREAS, Mountain Meadows Cable Television/ Entertainment
Express Ltd. (hereinafter "Franchisee ") is duly authorized to
operate and maintain a cable communications system in Moorpark,
California (hereinafter the "System ") by the City of Moorpark
(hereinafter "Franchise Authority") pursuant to a franchise
(hereinafter "Franchise ") granted by the Franchise Authority in
June 1984; and
WHEREAS, pursuant to an Asset Purchase Agreement by and
among Century Cable of Northern California (hereinafter
"Century") , Entertainment Express, Ltd. and Mountain Meadows
Cable Television Franchisee will transfer ownership of all
assets related to the Franchise to Century; and
WHEREAS, Century will continue to operate the Franchise
after consummation of the transactions between Franchisee and
Century pursuant to the conditions set forth in the Moorpark
Municipal Code, the Franchise and Resolution No. 99 -1565; and
WHEREAS, Moorpark Resolution No. 99 -1565 extended the
current franchise held by Franchisee to December 20, 2000, and
imposed certain other conditions related to said extension; and
WHEREAS, Federal Communication Commission's Form 394 with
respect to the transactions has been filed with the Franchise
Authority; and
WHEREAS, Section 5.06.312 of the Moorpark Municipal Code
requires the City's consent for any change in control of a
franchise prior to the change in control occurring; and
WHEREAS, Franchisee has agreed to pay Franchising Authority
an administrative fee of fifteen thousand dollars ($15,000) upon
approval of the change of control of the Franchise; and
WHEREAS, Mountain Meadows Cable Television/ Entertainment
Express Ltd. and Century Cable of Northern California have
requested consent by the Franchise Authority to the
Transactions; and
Resolution No. 99 -1589
Page 2
WHEREAS, the Franchising Authority has found Century Cable
of Northern California to meet the technical, legal and
financial qualifications as set forth in the FCC 934 document.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Franchise Authority hereby consents to and
approves a change in control of the Franchise as a result of the
Asset Purchase Agreement to the extent such consent is required
by the terms of the Franchise and the Moorpark Municipal Code.
SECTION 2. That the administrative fee of $15,000 shall
be due and payable within ten (10 ) days of the adoption of this
resolution.
SECTION 3. That Century agrees to adhere to all of the
conditions set forth by the City Council in Resolution No. 99-
1565 for the extension of the Franchise to December 20, 2000,
and including those specifically as stated hereafter:
(1) Century shall assure that
transmission of a Channel
the quality of the signal
Tele- Communications, Inc.
connection) is provided
subscribers and that such
`Basic Cable Service'.
continuous and good quality
10 signal (consistent with
received by Grantee from the
of Ventura County signal
and maintained to all
transmission is included in
(2) Six (6) channels added to the basic service by
Franchisee at no additional cost to subscribers
(Cartoon Network, Comedy Channel, E!, Sci --Fi, Animal
Planet and Golf Cannel) as part of the basic lineup
shall remain as such through December 31, 1999.
(3) No increase shall take place to the current rates
during the 1998 -99 cycle that covers the period of
December 1, 1998, through November 30, 1999. Any
proposed rate increase after that date shall be
subject to all applicable Federal laws and
regulations, applicable franchise agreements and prior
notification to the City.
(4) A direct customer service telephone line is to be
established to handle complaints from subscribers.
Resolution No. 99 -1589
Page 3
(5) After July 1, 1999, no local franchise holder office
is to be established within a residential zoned area
of the City.
(6) Cable service installation and operation to each of
the three (3) public schools located within the
franchise service area (including wiring to a primary
building and Basic service programming) shall be
provided no later than seventy -two (72) hours after
notification that the Moorpark Unified School District
has provided adequate conduit access to the site.
(7) All other applicable provisions of Resolution No. 99-
1565 shall remain in full force and effect.
SECTION 4. This Resolution shall become effective upon
its adoption and compliance with Section 2 above.
SECTION 5. The City Clerk shall certify to the adoption
of this resolution and shall cause a certified resolution to be
filed in the book of original Resolutions.
PASSED AND ADOPTED this 21st da
ATTEST:
Resolution No. 99 -1589
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
ss.
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Resolution No. 99 -1589 was adopted by the City Council
of the City of Moorpark at a meeting held on the 21st day of
April, 1999, and that the same was adopted by the following
vote:
AYES: Councilmembers
Hunter
NOES: None
Evans, Harper, Wozniak and Mayor
ABSENT: Councilmember Rodgers
ABSTAIN: None
WITNESS my hand and the official seal of said City this
22nd day of April, 1999.
Deborah S. Traffensted , City Clerk
(seal)