HomeMy Public PortalAboutOrdinance 665ORDINANCE NO. 665
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA
CONSENTING TO A CHANGE OF OWNERSHIP OF THE SOLE STOCKHOLDER OF ONE
OF THE GENERAL PARTNERS OF EACH OF THE VENTURERS OF AMERICAN CABLE
OF REDLANDS JOINT VENTURE, THE CURRENT HOLDER OF A FRANCHISE
AUTHORIZING THE OPERATION AND MAINTENANCE OF A CABLE TELEVISION
SYSTEM IN THE CITY
WHEREAS, American Cable of Redlands Joint Venture, a
Colorado general partnership ("Grantee") is the duly authorized
holder of a franchise, permit, license or other authorization (as
amended to date, the "Franchise") authorizing the operation and
maintenance of a cable television system and authorizing Grantee
to serve the City (the "Grantor") with cable television services;
and
WHEREAS, the joint venturers of Grantee are American
Cable TV Investors 2, a California limited partnership ("ACT2")
and American Cable TV Investors 3, a California limited
partnership ("ACT3"); and
WHEREAS, one of the general partners of ACT2 (the "ACT2
General Partner") is IR -Daniels Partners II, a California limited
partnership, and one of the general partners of ACT3 (the "ACT3
General Partner") is IR -Daniels Partners III, a California limited
partnership; and
WHEREAS, one of the general partners of each of the ACT2
General Partner and the ACT3 General Partner are Integrated Cable
Corp., which is owned directly or indirectly by Integrated
Resources, Inc., and Daniels Ventures, Inc., a Colorado
corporation, which is a wholly-owned subsidiary of Daniels &
Associates, Inc., a Delaware Corporation; and
WHEREAS, Grantee has advised the Grantor that the
outstanding capital stock of Daniels & Associates, Inc. is to be
sold and after such sale is to be held by United Artists
Holdings, Inc.; and
WHEREAS, although the aforedescribed transaction does
not constitute a sale, transfer, lease, assignment or disposition
of the Franchise or a change of control of Grantee, and therefore
may not be a transaction requiring the consent of the Grantor,
Grantee nevertheless has informed the Grantor of such pending
transaction and has requested the Grantor consent thereto in
the form hereinafter set forth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT
DOES ORDAIN AS FOLLOWS:
SECTION 1: That the Grantor hereby consents to the
change in the ownership of the stock of Daniels & Associates,
Inc. that is described in the recitals hereto.
SECTION 2: That the consent herein granted does not
constitute and shall not be construed to constitute a waiver of
any obligations of Grantee under the Franchise.
SECTION 3: That the Grantor hereby affirms that the
Franchise (i) is validly held in the name of the Grantee in full
force and effect and (ii) is for a current term, without
considering any possible extension, ending on April 12, 1997.
Page 1
Ordinance 665
SECTION 4: It is hereby declared to be the legislative
intent of this Ordinance that no portion or provision of this
Ordinance shall become inoperative or fail by reason of the
invalidity or unenforceability of any other portion or provision,
and to this end all provisions of this Ordinance are declared to
be severable.
SECTION 5: This Ordinance shall take effect as provided
by law.
MOVED, PASSED AND ADOPTED this
1988.
llth day of
July
ATTEST:
MAYO'. OF THE CITY OF BEAUMONT
APPR'V w+ AS TO FO
CITY ATTORN Y
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of Beaumont, DO HEREBY
CERTIFY, that the foregoing Ordinance was introduced at a regular
meeting of the City Council of said City held on June 27, 1988 ,
1988, and was duly adopted upon second reading on July 11, 1988 ,
1988, upon the following roll call vote:
AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor
Partain.
NOES: None.
ABSTAIN:None.
ABSENT: None.
CITY CLERK, CITY OF BEAUMONT
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New Organizational Relationships
CABLE SYSTEM OWNER
•Franchise Holder•
(American Cable
of
Redlands
Joint Venture)
JOINT
VENTURER
(American Cable TV
Investors 2)
ti
INVESTORS
INITIAL GENERAL
LIMITED PARTNER
PARTNER OF
OF VENTURER
VENTURER (IR -Daniels
(integrated Partners II)
Cable Corp.
GENERAL
PARTNER
OF
VENTURER
(John V.
Saeman)
1
JOINT
VENTURER
(American Cable TV
Investors 3)
INVESTORS
GENERAL GENERAL LIMITED
PARTNER PARTNER PARTNER
OF OF OF
GENERAL GENERAL GENERAL
PARTNER PARTNER PARTNER
(Integrated (Daniels (Cablevision
Cable Corp.) Ventures, Inc) Equities III)
SOLE SOLE
STOCK- ' STOCK-
HOLDER HOLDER
(Integrated (Daniels &
Resources, Associates,
Inc.) Inc.)
NEW STOCKHOLDER
OF DANIELS & ASSOC , INC
(United Artists
Holdings, Inc.)
GENERAL GENERAL
PARTNER PARTNER
OF OF
VENTURER VENTURER
(IR -Daniels (John V.
Partners IIT) Saeman)
GENERAL
PARTNER
OF
GENERAL
PARTNER
(Integrated
Cable Corp.)
SOLE
STOCK-
HOLDER
(Integrated
Resources,
Inc.)
GENERAL
PARTNER
OF
GENERAL
PARTNER
(Daniels
Ventures, Inc)
SOLE
STOCK-
HOLDER
(Daniels &
Associates,
Inc.)
LIMITED
PARTNER
OF
GENERAL
PARTNER
(Cablevision
Equities IV)
NEW STOCKHOLDER
OF DANIELS & ASSOC. , INC
(United Artists
Holdings, Inc.)