1994-108 Cox Cable TV RESOLUTION NO. 94-108
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ENCINITAS, CALIFORNIA
CONSENTING TO TRANSFER OF CONTROL OF CABLE TELEVISION LICENSEE
FROM TIMES MIRROR CABLE TELEVISION OF SAN DIEGO COUNTY, INC.
(dba DIMENSION CABLE SERVICES) TO COX CABLE COMMUNICATIONS, INC.
The City Council of the City of Encinitas does hereby resolve as follows:
WHEREAS, the County of San Diego granted a Cable Television License Agreement
(No. 3079-0600, as amended) to construct, install, operate and maintain a cable television system
in, or upon public streets and right-of-ways within a designated service area within the County
of San Diego; and
WHERE~S, such cable license was amended to transfer licensing rights to The Times
Mirror Company on December 12, 1978 and subsequently on October 4, 1982 to Times Mirror
Cable Television of San Diego County, Inc. (Licensee) which assumed control of and
responsibility for the cable television system and guaranteed performance under the license
agreement; and
WHEREAS, the City of Encimtas is the successor to San Diego County Cable Television
License Agreement No. 3079-0600, as amended; and
WHEREAS, the Licensee's controlling entity, The Times Mirror Company, has
announced plans pursuant to an Agreement and Plan of Merger by and among The Times Mirror
Company (Times Mirror), New TMC, Inc., Cox Cable Communications, Inc. (Cox Cable) and
Cox Enterprises, Inc. dated June 5, 1994 to transfer Times Mirror's non-cable related assets to
New TMC, Inc., following which Times Mirror will merge with Cox Cable; and
WHEREAS, the License Agreement requires the Licensee to obtain the prior consent of
the Licensor to sell, transfer, or otherwise dispose of the licensing rights or control under the
agreement; and
WHEREAS, the City Council of the City of Encinitas desires to approve transfer of
control of licensee if, and only if, the Licensee does covenant and agree to perform all the terms
and conditions required of the license, including those listed below in Section 3; and
WHEREAS, Cox Cable has reviewed all the terms and conditions of License Agreement
(No. 3079-0600) including those in each and every amendment thereby, and desires to cause the
Licensee to comply with the covenants and assurances required by these documents;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Encimtas
as follows:
1. Pursuant to section i(H) of the License Agreement, (No. 3079-0600, dated June
29, 1965), the City hereby grants its consent to the change in control of the Licensee from
Times Mirror to Cox Cable.
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2. The City affirms that the License Agreement (No. 3079-0600, as amended) is
valid and in full force and effect.
3. The effective date of the transfer of the license shall be the effective date of the
merger, provided that Licensee agrees to:
a) Provide a license bond in the amount of $5,000.00 pursuant to Section 3
of License Agreement:
b) Provide an explanation on how Licensee intends to meet the annual
noticing provisions of California Government Code Section 53055;
c) Provide a listing of shareholders holding more than five percent (5%)
interest in Cox Cable Communications, Inc.
d) Provide a detailed statement showing the total gross receipts of Dimension
Cable Services attributable to the Encinitas Franchise area explaining the
franchisee fee payment made for the period January i, 1993 to December 31,
1993 pursuant to Section I(F) of the License Agreement.
PASSED AND ADOPTED this 9th day of ~ovem~er , 1994.
AYES: Bond, Davis, DuVivier, Hano, Wiegand
NAYS: None
ABSENT: None
ABST3~N: None
City of Encinitas
ATTEST:
~rl~Director of
LegiSlative Services
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