HomeMy WebLinkAboutResolution - 2064 RESOLUTION 2064
A RESOLUTION OF THE CITY COUNCIL FOR THE
CITY OF SAN JACINTO ACCEPTING SURRENDER OF THE
JONES INTERCABLE CABLE TELEVISION FRANCHISE.
RECITALS
WHEREAS, on March 7 , 1989 , by Resolution No. 1813 , the
City of San Jacinto offered a cable television franchise to Jones
Intercable of San Diego, Inc. , ("Jones") on such terms as were
listed in City ' s Ordinance No. 788 and in Jones ' letters of
application dated October 18, 1988 , November 17 , 1988 and December
i, 1988 ; and
WHEREAS, said franchise was accepted by Jones on May 24 ,
1989 , and the obligations of Jones under the contract were secured
by Contract Bond No. BCZ1773715 issued on November 3 , 1988 by the
Massachusetts Bay Insurance Company; and
WHEREAS, pursuant to said franchise, and to the present
date, Jones, has installed lines and equipment, and has provided
cable television services, within the City of San Jacinto; and
WHEREAS, Jones now desires to cease business in the City
of San Jacinto, transfer ownership of its equipment to Inland
Valley Cablevision, and to surrender its franchise agreement with
the City of San Jacinto; and
WHEREAS, Jones ' intended transferee, Inland Valley
Cablevision, is also currently franchised to provide cable
television services within the City of San Jacinto.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. Effective upon the transfer of all equipment
comprising the San Jacinto Cable Television System of Jones to
Inland Valley Cablevision and the satisfaction of the conditions
stated below in Paragraph 2, the City of San Jacinto does hereby
agree to accept surrender, by Jones, of that certain franchise
agreement referenced in the Recitals, above.
2 . The City of San Jacinto does further agree to
release that certain Contract Bond issued by the Massachusetts Bay
Insurance Company on November 3 , 1988 as Bond No. BCZ1773715,
contingent upon completion of all of the following:
(a) Delivery by Jones to City of the equipment listed in
the attached Exhibit "APl in satisfaction of the equipment
purchase provisions of the franchise as stated in Jones '
correspondence dated November 17 , 1988 ;
(b) Payment by Jones to City of all franchise fees due
to City as of the effective date of transfer of the Cable
Television System to Inland Valley Cablevision;
(c) Removal of all equipment and facilities not
transferred or not accepted by Inland Valley Cablevision
and located on land within the City limits of the City of
San Jacinto; and
(d) Receipt by City of Inland Valley Cablevision' s
writing, directed to the City of San Jacinto,
acknowledging receipt of the Cable Television System from
Jones, and acknowledging Inland Valley Cablevision ' s
obligations to continue service uninterrupted to the
customers subscribed to such Cable Television System
pursuant to the terms and obligations of Inland Valley
Cablevision' s own franchise agreement with the City of
San Jacinto.
3 . Effective upon the surrender of the franchise
agreement by Jones, the City of San Jacinto does hereby release
Jones, its affiliates, employees, agents and officers and directors
from Jones ' obligations under the franchise agreement, other than
the obligations of Jones described in Paragraph 2 , above. Other
than the release provided directly above, nothing stated herein
shall be construed to release Jones from City' s right to indemnity,
or for any other liability of Jones, for acts or failures to act,
occurrences, and/or for the negligence of Jones Intercable of San
Diego whether occurring before, on or after the date of transfer to
Inland Valley Cablevision.
MOVED, PASSED AND ADOPTED at a regular meeting of the
City Council on the 15th day of September 1992 by the following
vote:
AYES: Councilmembers Ford, Hafliger, Leahy, Richards,Boykin
NOES: None
ABSENT: None
MAYOR
ATTEST:
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2 Panasonic AG460U SVHS CAMCORDER
2 Panasonic AG1960 SVHS RECORDER
2 Panasonic CT1382VY 13" MONITOR RECEIVER
1 Panasonic WJMX12 DIGITAL A/V MIXER
1 Future Video EC1000PRO EDIT CONTROLLER
2 Bogen 3140 TRIPOD/HEAD
2 Samson SAWMST144 MICRO RECEIVER SYSTEM
1 Winsted E4950 WINSTED EDITING CONSOLE
1 Panasonic WJKB15 CHARACTER GENERATOR
EXHIBIT "A"