HomeMy WebLinkAboutResolution No. 95-C1429 0
RESOLUTION NO. 95-0142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA APPROVING A FRANCHISE
RENEWAL AGREEMENT AND THE TRANSFER OF A
CABLE TELEVISION FRANCHISE FROM CCT, INC. TO
CHARTER COMMUNICATIONS ENTERTAINMENT II, L.P.
WHEREAS, the City of Azusa proposes to enter into a renewed franchise agreement with
CCT, Inc. ("CCT') which is attached as Exhibit A to this Resolution entitled "Franchise to Provide
Cable Communications Services between the City of Azusa, California and CCT, Inc., dated as of
October 2, 1995 (hereinafter referred to as the "Franchise"); and
WHEREAS, the City, CCT, and Charter Communications Entertainment Il, L.P. ("Charter")
will enter into an agreement entitled "Agreement Relating to the Consent of the city of Azusa,
California to the Transfer of the Franchise Agreement Granted to CCT, Inc. to Charter
Communications Entertainment Il, L.P. dated as of October 2, 1995 (hereinafter referred to as the
"Transfer Agreement'), attached as Exhibit B; and
WHEREAS, FCC Regulations (47 CFR Section 76.502 (1) (1)) require that in order for a cable
operator to obtain City approval of a transfer or change in control of the Franchise, it must submit
to the City an FCC Form 394 and any other information as may be required by the City; and
WHEREAS, CCT and Charter have filed an FCC Form 394 with the City requiresting City
Council approval of the transfer of the Franchise to Charter (hereinafter referred to as the
"Transfer"); and
WHEREAS, in support of its Form 394 Application, CCT and Charter have submitted to the
City documents whicha re on file with the City Clerk, and are collectively referred to as the "Transfer
Documents".
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The Azusa City Council hereby approves the renewal of the exisitng franchise
of CCT, Inc. pursuant to the terms and conditions of the Franchise.
Section 2. The Azusa City Council finds that, based upon the repreentations contained in
the Transfer Documents, and the terms and conditions of this Resolution,m Charter has the
legal, financial, anbd thecnical qualifications to hold the Franchise. The City Council hereby
approves tnd consents to the Transfer subject to the Grantee complying with the terms and
conditions of this Resolution and the Transfer Agreement.
Section 3. The Mayor or Mayor Pro Tem is authorized to execute the Franchise and the
Transfer Agreement. The City Administrator and the City Attorney, or their designees, are
hereby authorized and empowered to execute any documents necessary, in their discretion,
to implement the approvals contained herein.
Section 4. The approval of the Transfer Agreement and the Franchise are expressly
conditioned upon execution of both agrements by all parties thereto.
PASSED AND ADOPTED this 2nd day of October, 1995.
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of fhe City of Azusa
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RESOLUTION NO.
Page 2
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95-C142
HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City
of Azusa, at a regular meeting thereof held on the 2nd day of October, 1995.
AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE,
ALEXANDER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE