HomeMy WebLinkAbout14 XFER OF CABLE SVC 05-04-98 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMAR,
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE: April 29, 1998
RE:
Ordinance Acknowledging and Approving the Transfer of Non-Exclusive
Cable T.V. Franchise from Continental Cablevision, Inc. to Media One of Los
Angeles, inc.
NO. 14
5-4-98
RECOMMENDATION:
Have first reading by title only and introduce an ordinance entitled:
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACKNOWLEDGING
AND APPROVING THE TRANSFER
OF A NON-EXCLUSIVE CABLE T.V.
FRANCHISE TO MEDIA ONE OF
LOS ANGELES, INC.
DISCUSSION:
In 1988 the City Council adopted Ordinance No. 1002 approving the merger of
American Cablesystems of California, Inc. with Continental Cablevision, Inc. and setting
forth amended terms and conditions of the franchise. SubsequentlY, due to a merger of
parent companies, the cable T.V. franchise has been transferred to Media One of Los
Angeles, Inc. ("Media One") as successor-in-interest to Continental Cablevision, Inc.
Media One brought to the City's attention, an error in the collection of franchise fees during
the time that the franchise was operated by Continental. To make up for the error by
Continental, Media One recently payed the City $315,000. Since Media One has been
acting as successor-in-interest to Continental Cablevision and has been providing service
as required under Ordinance No. 1002 and under the City's cable T.V. regulations, it is
appropriate to acknowledge the transfer and to approve the transfer from Continental to
Media One. It should be noted that Media One has always taken the position that the
merger between the parents of Media One and Continental did not amount to a transfer
of control that was subject to the City's approval or disapproval. The City's position has
1100-00028
62128_1
Honorable Mayor and Members of the City Council
City of Tustin
April 29, 1998
Page 2
been that such transfer is subject to the City's approval or disapproval. By this ordinance,
both parties preserve their rights in the future with respect to this issue. · Finally, it should
be noted that the franchise in question terminates on July 6, 2002
Enclosure (Ordinance)
cc: William A. Huston, City Manager
1100-00028
62128_1
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ORDINANCE NO. 1200
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACKNOWLEDGING
AND APPROVING THE TRANSFER OF A NON-
EXCLUSIVE CABLE T.V. FRANCHISE TO MEDIA
ONE OF LOS ANGELES, INC.
The City Council of the City of Tustin hereby ordains as follows:
Section 1. The City of Tustin hereby acknowledges and approves the transfer of
a non-exclusive cable T.V. franchise from Continental Cablevision, Inc. to Media One of
Los Angeles, Inc. ("Media One"), a wholly owned subsidiary of U.S. West, Inc.
Section 2. All provisions of Ordinance No. 1002 and Article 7, Chapter 4 of the
Tustin City Code shall remain in effect and shall govern Media One's exercise of the
subject cable franchise.
Section 3. Media One is deemed to have accepted the franchise pursuant to
Section 13 of Ordinance No. 1002.
Section 4. Nothing herein shall constitute a concession or waiver of the rights of
Media One (formerly American Cablesystems of California, Inc.) and U.S. West, Inc. to
challenge the City's authority to demand, consider, approve, reject or otherwise take
jurisdiction over any future transfer of control of the subject cable franchise.
Section ,5. Nothing herein shall constitute a concession or waiver of the rights of
the City to demand, consider, approve, reject or otherwise take jurisdiction over any future
transfer of control of the subject cable franchise initiated by Media One, U.S. West, Inc. or
any other person.
Section. 6. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Tustin hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this day of ,1998.
THOMAS R. SALTARELLI, Mayor
PAMELA STOKER, City Clerk