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HomeMy WebLinkAboutCC RES 94-070RESOLUTION NO. 94-70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA RECOGNIZING AND ASSUMING THE NON-EXCLUSIVE LICENSE, AS AMENDED, GRANTED TO TOTAL T.V. OF CALIFORNIA, INC. BY THE COUNTY OF RIVERSIDE TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM ALONG, UNDER AND ACROSS CERTAIN PUBLIC ROADS AND OTHER PROPERTY OF THE CITY OF PALM DESERT. WHEREAS, Total TV of �aliiornia, Inc., ("Licensee") and the County of Ri vvrr,i ;e (the "County") entered into a non-exclusive license agree ent entitled "A Non -Exclusive License Of The County of Riverside For A Period of Fifteen (15) Years To Construct, Operate And Maintain A Community Antenna Television System Along, Under And Across Such Public Roads As now Or May Hereafter Exist In The Lake Mathews, Perris, Edgemont, Lake Perris, Lakeview And Woodcrest Areas Of the County of Riverside" dated as of December 6, 1988 (the "County License No. 1") (a copy of County License No. 1 is attached as Exhibit A to this Resolution); and WHEREAS, County License No. 1 was accepted by the Licensee on February 23, 1989; and WHEREAS, the Licensee and the County entered into a non- exclusive license agreement entitled "A Non -Exclusive License Of The County Of Riverside For A Period Of Fifteen (15) Years To Construct, Operate And Maintain A Community Antenna Television System Along, Under And Across Such Public Roads As Now And May Hereafter Exist In the Coachella Valley Area Of The Third And Fourth Supervisorial Districts In Riverside County," dated as of December 18, 1990 (the "County License No. 2") (a copy of County License No. 2 is attached as Exhibit B to this Resolution); and WHEREAS, the Licensee accepted the County License No. 2 on July 22, 1991; and WHEREAS, the service area in which the Licensee is entitled and obligated to provide cable television service pursuant to the terms and conditions of County License No. 2 is as shown on the map attached as Exhibit A to the County License No. 2 (the "Service Area"); and WHEREAS, certain portions of the Service Area shown on Exhibit A to the County License No. 2 have been annexed to the City of Palm Desert (the "City"); and RESOLUTION NO. 94-70 WHEREAS, the Licensee has requested that the City accept and assume that the County License No. 2, as it relates to that portion of the Service Area which now or in the future falls within the jurisdictional boundaries of the City; WHEREAS, the City has determined that it would be in the public interest to accept and assume the County License No. 2, as it relates to that portion of the Service Area located within the now and future boundaries of the City and to assume the rights and obligations of the County thereunder. NOW, THEREFORE, the City Council of the City of Palm Desert does hereby resolve as follows: Section 1. The County License No. 2 is hereby accepted and assumed by the City for its remaining term and the term "City" shall be considered inserted for the term "County" wherever appropriate to effectuate the spirit and intent of this Resolution. Section 2. By accepting and assuming the County License No. 2 as it relates to those portions of the Service Area which are now or in the future will be located within the jurisdictional boundaries of the City, the City hereby expressly reserves any rights which may exist under applicable law to contest or challenge any provisions of the County License No. 2 and hereby reserves all regulatory authority which it would possess in the absence of an express acceptance and assumption of the County License No. 2. Section 3. This acceptance and assumption of the County License No. 2 as it relates to those portions of the Service Area which are now or in the future will be located within the jurisdictional boundaries of the City shall only be effective upon the occurrence or fulfillment of all of the following conditions: (1) A letter of acceptance filed with the City Clerk by an appropriate official of the Licensee, in a form acceptable to the City Attorney, agreeing to the terms and conditions of this Resolution. (2) The provision to the City of proof of insurance as required by Section 2(e) of the County License No. 2, in a form acceptable to the City Attorney, which insurance shall name the City as an'additional insured. (3) The provision to the City of a corporate surety bond in favor of the City in the penal sum of $10, 000, in a form and from an institution acceptable to the City Attorney, which complies with the terms and conditions of Section 17 of County License No. 2. 2 RESOLUTION NO. 94-70 Section 4. Licensee is hereby given notice that the license granted pursuant to County License No. 2, and now accepted and assumed by the City, may create a possessory interest subject to property taxation and the license itself, either in its entirety or as it relates to property located within the City, may be subject to the payment of the property taxes levied on such interest. Section 5. This Resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED on this 14th day of July, 1994, by the City Council of the City of Palm Desert by the following votes: AYES: BENSON, CRITES, KELLY, SNYDER, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: Sheila R.Gilligan, Cifi'y Clerk 3 /J Mayor