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HomeMy WebLinkAbout5784 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. ~~~~~y ayor 0 he Ci 0 Ar aia ATTEST: J Arcadia Ci ." 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 .ill f Arcadia of 5784