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HomeMy WebLinkAbout6141 RESOLUTION NO. 6141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE TRANSFER OF OWNERSHIP AND CONTROL OF THE CABLE TELEVISION FRANCHISE FROM CENTURY-TCI CALIFORNIA, L.P. (TRANSFEROR) TO ADELPHIA COMMUNICATIONS CORPORATION (TRANSFEREE) WHEREAS, the City is authorized to grant, renew and deny Franchises for the installation, operation and maintenance of cable television systems and other communications services within the City's boundaries by virtue of federal and state statutes, by the City's police powers, by its authority over its public rights of way and by other City Powers and authority; and WHEREAS, on May 5, 1998, the City Council of the City approved the renewal of a cable television franchise (the "Franchise") pursuant to Ordinance No. 2084 for a term of seven (7) years plus a conditional three (3) year extension within the City (the "System"); and WHEREAS, on February 2, 1999, the City Council of the City adopted Resolution No. 6088 approving the transfer of control of the Franchise to AT&T; and WHEREAS, on August 17, 1999, the City Council of the City adopted Resolution No. 6134 approving the transfer of control of the Franchise to Transferor; and WHEREAS, Transferor has filed a written application with the City (the "Application"), wherein it has requested the consent of the City to the transfer of ownership and control of the Franchise to Transferee (the "Transfer"); and WHEREAS, upon completion and closing of the Transfer, including approvals by the respective owners of Transferor and Transferee, and governmental entities (the City, the Federal Communications Commission and the Department of Justice) as defined herein, ownership and control of the Franchise and the System will be held by Transferee; and 6141 vvnt:t<.t:A\)1 venlUI Y vOIlIlIlUrll(';dllUII~ \JUI~. \ UUOI OIILVI J I~ l;iI t-J~I .....11.. ..... 1.1...... majority owner of Transferor and therefore is willing to guarantee the obligations of Transferor and Transferee; and WHEREAS, it is the intent of the City to approve the transaction whereby the Franchise and the System shall be ultimately held by Transferee; and WHEREAS, the City Council of the City has reviewed the Transfer as well as all relevant documents, staff reports and recommendations; and WHEREAS, pursuant to Ordinance No. 2084, the Transfer is subject to written consent of the City; and WHEREAS, pursuant to Ordinance No. 2084, the City may condition the transfer upon terms and conditions as reasonably determined by the City Council of the City if the City deems it necessary to assure compliance with the terms of the Franchise; and WHEREAS, based upon the evidence presented to the City Council, it has determined that it would be in the public interest to approve the Transfer as provided herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. The City of Arcadia hereby consents to the Agreement relating to the transfer of ownership and control of the Franchise granted to Century-TCI California, L.P. to Adelphia Communications Corporation. SECTION 2. The City's approval of any change of ownership and control is subject to the condition that the owners of Transferor and Transferee and any other outside reviewers (e.g. FCC and DOJ) ultimately approve a transfer not materially different from the one presented to the City of Arcadia in the transfer request dated Apri/19, 1999. If this condition is not met for any reason, any prior approval by the City shall automatically be null and void. 6141 -2- ;:)t:\" IIUN ". I rI~ \.IllY::) dJJJJI VVdl VI dllY ~lldllyt: VI VVWIIt;;I.;)111tJ ClIIU '"'VII~I......' ..., ..,........J........~ ~... the further condition that Transferor, Transferee and Guarantor execute a Transfer Agreement and Acceptance and Guarantee in form approved by the City. If this condition is not met for any reason, any prior approval by the City shall automatically be null and void. SECTION 4. This Resolution shall be in full force and effect from and after its passage, as provided by law. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st, day of September, 1999. 4.-ctiP Mayor ATTEST: ~. ","J ~';;) . y Clerk APPROVED AS TO FORM: YrJ~ II ~~ City Attorney -3- 6141 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D, ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 6141 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of September, 1999 and that said Resolution was adopted by the following vote, to wit: A YES: Councilmember Harbicht, Marshall, Roncelli and Chandler NOES: None ABSENT: Councilmember Kovacic -4- 6141