HomeMy WebLinkAboutCC RES 99-068�
RESOLUTION NO. 99-68
._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, PROVIDING FOR THE TRANSFER AND
ASSIGNMENT OF A CABLE TELEViSION FRANCHISE
WHEREAS, the City of Palm Desert, Califomia (°Franchising Authority°) has granted to
Media One Enterprises, Inc. ("Transfero�') or its predecessor in interest, a franchise to operate a
cable television system (the °System") pursuant to Ordinance No. 318 and Franchise Agreement
dated October 11, 1984 (the "Franchise"); and
WHEREAS, Transferor has entered into an Asset Exchange Agreement with Summit Cable
Services of Georgia, Inc., d/b/a Time Wamer Cable ("Time Wame�'), pursuant to which Transferor
will transfer substantially all of the assets of the System, including its rights under the Franchise,
to Time Wamer as transferee; and
WHEREAS, Transferor and Time Wamer have requested Franchising Authority's consent
to the transfer and assignment of the Franchise by Transferor to Time Wamer, and have filed a
FCC Form 394 with Franchising Authority relating to such transfer;
,�,� NOW THEREFORE, IT IS RESOLVED by the Franchising Authority:
1. Franchising Authority authorizes and consents to the transfer and assignment of the
'�" Franchise from Transferor to Time Wamer. Time Wamer shall assume the obligations of
Transferor under the Franchise that relate to periods from and after the date on which Time Wamer
acquires the System.
2. The foregoing consent to the transfer and assignment of the Franchise shall be
effective upon Time Wamer's acquisition of the System, at which time Transferor shall be deemed
released form all obiigations and liabilities under the Franchise that relate to periods from and after
such date. Notice of the date of Time Wamer's acquisition of the System shall be given to
Franchising Authority.
3. Franchising Authority confirms that: (a) the Franchise was properly granted or
transfeRed to Transferor; (b) the Franchise currently is in full force and effect and expires on
October 11, 1999; (c) Transferor is recognized as the present holder and owner of the Franchise;
(d) the Franchise supersedes all other agreements between Franchising Authority and Transferor
and represents the entire understanding between Franchising Authority and Transferor with respect
to the System and Transferors provision of cable television and other telecommunications services
within the areas covered by the Franchise;
4. Time Wamer may transfer the Franchise or control related thereto to any entity
,,,,,� which is a wholly owned subsidiary of Time Wamer, upon notice to Franchising Authority.
5. This Resolution shall have the force of a continuing agreement among Transferor,
,,,,, Time Wamer and Franchising Authority, and Franchising Authority shall not amend or otherwise
alter this Resolution without the consent of Transferor and Time Wamer.
RESOLDTIOP N0. 99-68
6. Time Wamer shall reimburse the Franchising Authority in the amount of $2,200.00
to pay for the transfer review fee.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pa{m Dese�t City
Counul, held on this 24th day of June ,19�,Q, by the following vote,
to wit:
AYES: Benson, Crites, Ferguson, Kelly, Spiegel
NOES: None
ABSENT: None
ABSTAIN: None
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ROBERT A. SPIEGEL, O
ATTEST:
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SHEILA R. GIE�iGAN, CI1
CITY OF PALM DESERT,
APPROVED AS T0-FORM:
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DAVID J. RWI ITY ATTORNEY
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