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RESOLUTION NO. 5784
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AUTHORIZING THE CITY OF
ARCADIA TO ASSESS AND RECOUP ADMINISTRATIVE,
LEGAL AND TECHNICAL COSTS TO PROCESS THE REQUEST
BY THE CABLE TELEVISION FRANCHISE HOLDER FOR
CHANGE OF CONTROL (REORGANIZATION, SALE, MERGER
OR OTHER TRANSFER TRANSACTIONS) AND FOR THE
PROCESSING OF FRANCHISE RENEWAL AND DIRECTING tHE
CITY MANAGER TO NEGOTIATE CONDITIONS OF APPROVAL,
WHEREAS, Telecommunications, Incorporated, CableVision of
Arcadia/Sierra Madre, Inc. (TCI/CableVision) is the current holder
of the Franchise for cable television service with the City of
Arcadia; and
WHEREAS, the Franchise requires approval by the city of
Arcadia, as the franchising authority, of any "change in control"
of the Franchise and with regard to the granting of any franchise;
and
WHEREAS, the Franchise is explicit in stating that the city
of Arcadia may condition said transfer and Franchise Renewal upon
the terms and conditions as determined by the City Council; and
WHEREAS, the City of Arcadia has received notice from
TCI/CableVision of its intent to internally reorganize with Liberty
Media Corporation; and
WHEREAS, a Franchise Renewal process is also pending.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City of Arcadia has the legal authority to
recoup any and all costs associated with the request for change of
control and Franchise Renewal per the existing Franchise and City
Charter Section 1300.
SEC1'ION 2.
Costs shall cover legal, technical and
administrative with regard to consultant and legal fees.
SEC1'ION 3. A deposit fee of $5,000 is established by this
resolution for the processing of the transfer.
SECTION 4. A deposit fee of $30,000 is established by this
resolution the franchise renewal process.
SEC1'ION 5. The purpose of the above funds is to defray 100%
of the costs of processing the transfer and franchise renewal.
SECTION 6. If additional funds are necessary, the City shall
give notice to transferee-franchisee who shall deposit the
additional funds within ten (10) days of such notice.
SECTION 7. If either process (transfer/renewal) is completed
or otherwise terminated without full expenditure of deposited
funds, the remainder shall be refunded to the party making the
deposit.
SEC1'ION 8. That the City Clerk shall certify to the adoption
of this Resolution.
Passed, approved and adopted
this 17th day o~ May,,1994.
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5784
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 55:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5784 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 17th day of May, 1994 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young
NOES: None
ABSENT: None
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5784