CC Resolution 1992-035^#A RESOLUTION NO. 92-35
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA APPROVING A FIRST
AMENDMENT TO CABLE LICENSE AGREEMENT AND
CONSENTING TO THE TRANSFER AND ASSIGNMENT OF
CABLE FRANCHISE AND HYPOTHECATION OF ASSETS
WHEREAS, on May 21, 1986, the City of La Quinta the
City") and Coachella Valley Television CVTV"), a division of
Palmer Communications Incorporated, entered into that certain
Cable License Agreement" whereby the City granted to CVTV a
nonexciusive cable television franchise in accordance with
La Quinta Municipal Code, Chapter 5.10; and
WHEREAS, Palmer Cable Associates will assume certain
indebtedness and this will require the creation of a security
interest in the assets of Palmer Cable Associates; and
WHEREAS, the proposed transfer and assignment will not
involve a change in control or new ownership interests in the
cable system because Palmer Communications Incorporated will be
the general partner of and will own 99% of Palmer Cable
Associates; and
WHEREAS, La Quinta Municipal Code 5.10.ogo(D) provides
that a cable television franchise cannot be transferred without
prior consent of the City Council expressed by resolution, and
then only under such conditions as may therein be prescribed;
and
WHEREAS, CVTV has agreed, as a reasonable condition to the
City Council of the City approving the transfer of the CVTV
cable television franchise, to negotiate a new 15 year
franchise agreement with the City; and
WHEREAS, the City desires assurance that the renegotiation
of the Cable License Agreement will be conducted in a good
faith manner by the parties and will be concluded in a timely
fashion and such assurance is provided in the First Amendment
to Cable License Agreement;
NOW, THEREFORE, the City Council of the City of La Quinta
does resolve as follows:
Section 1. The City Council hereby approves the First
Amendment to Cable License Agreement" in the form attached
hereto as Exhibit A, and authorizes it to be executed on behalf
of the City following its execution by CVTV.
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Section 2. The City Council hereby approves and consents
to CVTV*s application for transfer and assignment of the cable
television franchise from CVTV, a division of Palmer
Communications Incorporated, to Palmer Cable Associates.
Section 3. The City Council authorizes Palmer Cable
Associates to grant a first lien and security interest in the
assets of its cable television system, including its rights,
privileges and benefits in and under its franchise, to
Providence Journal Telecommunications, Inc. or an affiliate
thereof.
BE IT FURTHER RESOLVED, that the consents herein granted
and the authorization herein given shall be effective upon the
execution of the First Amendment to Cable License Agreement by
the City and CVTV and the closing of the foregoing transactions
and Palmer Cable Associates shall notify the City promptly upon
such closings.
PASSED, APPROVED AND ADOPTED THIS 7*h DAY OF April, 1992
by the following vote:
AYES: Council Members Bohnenberqer, Rushworth, Sniff &
Mayor Pena
NOES: Council Member Franklin
ABSENT: None
ABSTAIN: None
CITY OF LA QUINT
DATED: A/O7/9* By
APPROVED AS TO FORM:
Dawn C. Honeywell,'
City Attorney
04/02/92
0080Q/2588/0O0 2-
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