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ORDINANCE NO. 0-8-88 <br />An urgency Ordinance of the City Council <br />of the City of Colton Amending Chapter <br />5.06.070 of the Colton Municipal Code to <br />Define Changes in Control of the Cable <br />Television Grantee as a Transfer in the <br />Franchise and to Prohibit Said Changes in <br />Control Without Consent of the City <br />Council of the City of Colton. <br />WHEREAS, Chapter 5.06.070(g) of the Colton Municipal <br />Code prohibits the sale, assignment, or transfer of the cable <br />television franchise without the consent of the City Council <br />of the City of Colton; and <br />WHEREAS, the legislative intent of said provision was to <br />require the cable television franchise to be held and <br />controlled by the same entity, corporate or otherwise, that <br />held it at the time of the original issue or subsequent <br />transfer thereof; and <br />WHEREAS, the identity, character, financial strength, <br />community commitment, and operating expertise of the cable <br />television franchise holder, and the persons or entity <br />controlling it, among other factors that are unique to the <br />Grantee, are deemed to be material considerations in the <br />decision of the City Council of the City of Colton to grant a <br />cable television franchise or prove the transfer thereof; and <br />WHEREAS, financial transactions involving cable <br />television franchises and systems have now been structured <br />whereby both ownership and/or control of the cable television <br />system can be transferred to entities or person(s) so that <br />the complete identity of the cable television Grantee can be <br />materially altered without an actual sale, transfer or <br />assignment of the franchise itself; and <br />WHEREAS, it would frustrate the legislative intent of <br />Chapter 5.06.070(g) of the Colton Municipal Code if control - <br />altering transactions were allowed to take place without the <br />consent of the City Council of the City of Colton; and <br />WHEREAS, the City of Colton is informed and believes <br />that there may be transactions in the immediate future which <br />will transfer control without an actual sale, assignment, or <br />transfer of the franchise; and <br />WHEREAS, the City Council of the City of Colton has <br />determined that it will be not in the public interest to <br />allow that transactions to occur without the consent of the <br />City Council of the City of Colton; and <br />WHEREAS, the City Council of the City of Colton has <br />determined that it would frustrate the legislative intent of <br />-1- <br />