R 3333
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RESOLUTION NO. 3333
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE CONSENTING TO THE TRANSFER OF
CONTROL/CONSENT TO ASSIGNMENT OF THE NON-EXCLUSIVE
CABLE TELEVISION FRANCHISE
WHEREAS, on January 27, 1998, the City Council of the City of Arroyo Grande
?pproved the transfer of control of a cable television franchise to Charter Communica-
. tions, Inc. {"Charter"}, pursuant to Resolution No. 3273; and
WHEREAS, on July 29, 1998, Charter entered into a Purchase Agreement (the
"Agreement") with Paul G. Allen ("Allen"); and
WHEREAS, the Agreement provides for the sale of stock, the transfer of control
and the restructuring of Charter; and
WHEREAS, Charter filed an FCC Form 394 Application for Franchise Authority
Consent to Assignment or Transfer of Control of Cable Television Franchise with City
dated August 18, 1998; and
WHEREAS, the City Council has duly conducted a thorough review and
investigation into the legal, technical and financial qualifications of Allen to own and
operate the cable television system in light of the above-referenced FCC Form 394;
and
WHEREAS, all written comments and staff reports have been received, and
made a part of the record; and
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WHEREAS, following review and investigation, the City Council has concluded
that Allen meets the legal, technical and financial criteria to operate the cable
television system and has satisfied all criteria set forth in and/or under all applicable
or required local franchise authority and federal documents, laws, rules and
regulations, including FCC Form 394.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
1. City consents to the restructuring of Charter and the transfer of
control/consent to assignment of the subject cable television franchise as set forth
in said FCC Form 394, effective upon the closing of the transactions contemplated
by the Agreement; and
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;
2. City further consents to the change of name or corporate designation
attendant with the restructuring of Charter, if any, as set forth within the FCC Form
394.
On motion of Council Member Runels , seconded by Council
Member Fuller , and on the following roll call vote, to wit:
AYES:Council Members Runels, Fuller, Lady, Tolley, and Mayor Dougall
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this Ut.b day of October ,
1998.
OR
ATTEST:
11~a.~
NANCY A. DA S, CITY CLERK
APPROVED AS TO CONTENT:
~l:n:s- L. ftlK:l'
ROBERT L. HUNT~CITY MANAGER
APPROVED AS TO FORM:
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I, NANCY DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify that the following Resolution NO.3 3 3 3
is a true, full and correct copy of said Resolution passed and adopted at a regular
meeting of said Council on the 13th day of October , 1998.
WITNESS my hand and the seal of the City of Arroyo Grande affixed this 16th day of
October , 1998.
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