1995-008-Approving The Transfer Of The General Partnership Of The Cable Television Franchise Of Southbay Cablevision From Hernandez Communicationsfor
RESOLUTION 1995 - 8
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING THE TRANSFER OF THE GENERAL PARTNERSHIP
THE CABLE TELEVISION FRANCHISE OF SOUTHBAY CABLEVISION
FROM HERNANDEZ COMMUNICATIONS, INCORPORATED TO
INTERMEDIA PARTNERS AND APPROVING INTERMEDIA
PARTNERS OF CAROLINA AS A LIMITED PARTNER
WHEREAS,
1. InterMedia Partners, a California limited partnership, has applied to the Town
xoval of the transfer of the general partner interest in Brenmor Cable Partners, a
d Partnership, doing business as Southbay CableVision, the Town's franchised cable
on operator, from Hernandez Communications, Incorporated, , and the acquisition
of the limited partnership of Brenmor by InterMedia Partners of Carolina, L.P..
2. The transfer fees required by the Town Code for such a transfer have been paid,
and the system and service review required prior to such a transfer has been submitted.
3. Pursuant to Town Council appointment, the Town Manager conducted 2 public
hearings on November 22 and November 29, 1994, regarding the system and service review
and received public comment, and the cable operators and proposed transferees have had
the opportunity to review the system and service review as well as the public comments.
4. Southbay CableVision has agreed to reduce its late fee to $5 and to provide a 45-
day grace period for payment of monthly charges effective December 1, 1994, in order to
that its rate structure and service remains competitive.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
State of California, that the transfer of the general partner interest of Brenmor Cable
rs, a Limited Partnership, doing business as Southbay CableVision from Hernandez
is, Incorporated to InterMedia Partners, a California limited partnership, and
the acquisition of the limited partnership interest in Brenmor by InterMedia Partners of
L.P., is approved.
A:\CNCLRPTS\l -3-24. R E S
BE IT FURTHER RESOLVED, this transfer is conditioned upon the establishment
of a'late payment fee of no more than $5 for monthly cable charges with a 45 -day grace
period, and this fee may be increased or the grace period reduced only through the
following procedure:
1.
2.
3.
El
InterMedia Shall provide at least (thirty) 30 days notice to the Town Manager of the
proposed modification, accompanied by a detailed explanation of the reasons
justifying such modification.
The Town Council shall have thirty (30) days from the date of receipt of the notice
to review the proposed modification. The Council may a) approve the modification,
b) disapprove the modification, or c) propose an amendment to the modification by
requesting additional information. If the Council disapproves or proposes an
amendment to the modification, the Council shall provide a detailed written
explanation. The Council shall not disapprove or propose an amendment to the
modification unreasonably or arbitrarily. In the event that the Council does not
respond in writing within thirty (30) days, the modification shall be deemed accepted.
If InterMedia wishes to appeal the decision of the Council, InterMedia may seek
judicial review in a court of proper jurisdiction alleging that the Council acted
unreasonably or arbitrarily in disapproving the modification or proposing amendment
to the modification.
If a modification in the late fee policy is explicitly allowed for by Federal or
California law, then InterMedia must provide notice to the Town Manager detailing
the modification with citation to the controlling law.
MGRO78 A: \CNCLRPTS \t- 3- 24.RES
Los
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
California, held on the 3rd day of January, 1994 by the following vote.
MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin
NAYS: None
U
None
'AIN: None
SIGNED: 0�u Nul�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RK OF THE TOWN OF LOS GATOS
GATOS, CALIFORNIA
AACN CLRPTS \1- 3- 24.RES
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