Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />WHEREAS, in accordance with Section 5.06.070(G) of the Colton <br />Municipal Code and the Cable Television Consumer Protection and Competition Act of <br />1992, the City has the right to review and to approve the financial, technical, and legal <br />qualifications of the Transferee in connection with the proposed assignment of the <br />Franchise; and <br />WHEREAS, the staff of the City has reviewed the documentation that <br />accompanied FCC Form 394 and, based upon the representations set forth in that <br />documentation, has concluded that New Franchisee has the requisite financial, <br />technical, and legal qualifications to adequately perform, or to ensure the performance <br />of, all obligations required of the Franchisee under the Franchise, and that New <br />Franchisee will be bound by all existing terms, conditions, and obligations of the <br />Franchise as it currently exists or as it may be modified or superseded prior to the <br />closing of the transaction involving the Franchise <br />BE IT NOW THEREFORE RESOLVED AS FOLLOWS: <br />SECTION 1. In accordance with Section 5.06.070(G) of the Colton <br />Municipal Code, the City consents to and approves the proposed assignment of the <br />Franchise from Franchisee to New Franchisee. <br />SECTION 2. The City Council hereby approves the Transaction, subject to <br />New Franchisee's compliance with any and all requirements of the City's Municipal Code <br />("Code"), and the standards and practices required by FCC regulations with regard to the <br />transfer of cable television franchises and the operation of the Franchise. <br />SECTION 3. The City's approval of the transfer does not constitute a <br />waiver of any rights or remedies that the City may have as a result of any non- <br />compliance on the part of Franchisee or New Franchisee and the City may assert at any <br />time (subject to all applicable statutes of limitations) any non-compliance and pursue all <br />remedies available to the City for any non-compliance. Franchisee and New Franchisee <br />similarly reserve any and all rights and defenses with respect to any non-compliance. <br />SECTION 4. Upon the close of the Transaction, New Franchisee shall <br />assume and be bound by the obligations under the Franchise. <br />2 <br />