HomeMy Public PortalAbout88-831U ORDINANCE NO. 88-831U
AN ORDINANCE OF THE CITY OF CARSON
AMENDING CHAPTER 6 OF ARTICLE VI OF THE
CARSON MUNICIPAL CODE RELATING TO
COMMUNITY ANTENNA TELEVISION SYSTEMS
FRANCHISES, AND DECLARING THE URGENCY
THEREOF
THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY
ORDAIN AS FOLLOWS:
i
Section 1. Paragraph (d) of Section 6606 of Chapter 6,
Article VI of the Carson Municipal Code is hereby amended in its
entirety to read as follows:
" (d) (1) The following transactions involving any
franchise granted hereunder, or involving any grantee
i
of a franchise hereunder, shall require the prior
consent of the Council expressed by resolution, and
then only under such conditions as may therein be
prescribed:
(i) The sale, transfer, lease, assignment or
other disposition of the franchise, in whole or in
part, whether voluntary or involuntary; provided,
however, that such consent shall not be required
for a transfer in trust, mortgage or other
hypothecation for the purpose of securing an
indebtedness of the grantee. A transfer, assign-
ment or other disposition hereunder shall be made
only by an instrument in writing, a duly executed
copy of which shall be filed in the office of the
City Clerk within thirty (30) days after such
transfer, assignment or other disposition.
Ordinance No. 88-831U/Page 2 of 4
(ii) Any merger, consolidation, reorganization,
business combination, or other transaction wherein
or whereby fifty percent (50%) or more of the
ownership interests in the grantee will be
affected and control of the grantee will change or
be subject to change. As used herein, 'control '
means the possession, direct or indirect, of the
power to direct or cause the direction of the
management and policies of the grantee. A duly
executed copy of a written instrument evidencing
the closing and consummation of any such
transaction shall be filed in the office of the
City Clerk within thirty (30) days after the
closing of such transaction.
(2) The consent of the Council to a transaction
specified herein shall not be unreasonably withheld;
provided, however, that any entity or person acquiring
a franchise by transfer, assignment or other disposi-
tion, and any entity or person acquiring, directly or
indirectly, fifty percent (50%) or more of the owner-
ship interests in a grantee, shall demonstrate
financial responsibility and shall agree to comply with
all provisions of this chapter.
Section 2 . American Cablesystems of California, Inc. ,
which is a wholly-owned subsidiary of American Cablesystems
Corporation and the transferee of that certain cable television
franchise initially granted by Ordinance No. 69-106 of the City
of Carson, has notified the City that, pursuant to an Agreement
and Plan of Merger dated October 14, 1987, a subsidiary of
Continental Cablevision, Inc. will be merged with and into
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Ordinance No. 88-8310/Page 3 of 4
American Cablesystems Corporation, and American Cablesystems
Corporation, as the surviving corporation, will thereupon become
a wholly-owned subsidiary of Continental Cablevision, Inc. The
Agreement and Plan of Merger provides that this corporate
reorganization may be finalized as early as February 29, 1988.
The Council finds and determines that it is necessary,
proper, and in the public interest to provide specifically, by
ordinance, for the prior review and approval by the Council of
any proposed transaction whereby a change in ownership and
control of the grantee or transferee of a cable television
franchise may be effectuated. Thus, the Council shall have the
authority and responsibility to review and approve the financial
responsibility and operational capabilities of the entity or
person to which or to whom is to be transferred the power to
direct the management and policies of the cable television
franchisee. It is therefore necessary and desirable that this
ordinance take effect immediately in order that it become
effective prior to February 29, 1988, on which date the proposed
corporate reorganization may be consummated, and in order that
appropriate review and approval may be undertaken by the City
Council prior to said date.
This ordinance is an urgency ordinance necessary for
the immediate preservation of the public peace, health or safety
within the meaning of Section 26937 (b) of the Government Code
and shall go into immediate effect.
PASSED, APPROVED AND ADOPTED this 16th day of
February 1988.
May 6r
ATTEST.,
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(Signatures continue]
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Ordinance No. 88-831U/Page 4 of 4
APPROVED AS TO FORM:
\�Aw.,4 -9. ZAay,
City Attorney ajio/srx
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss .
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the City Council of said City is
five; that the foregoing ordinance, being Ordinance No. 88-831U was duly and
regularly adopted by the City Council of said City on an urgency basis at a regular
meeting of said Council, duly and regularly held on the 16th day, of February ,
19 88, and that the same was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Mitoma, Muise, DeWitt and Calas
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mills
ANL-
City Clerk, City of Carson California
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