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R 4393 RESOLUTION NO. 4393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONSENTING TO THE ASSIGNMENT OF THE CABLE FRANCHISE FROM CHARTER COMMUNICATONS TO CCO SOCAL I, LLC WHEREAS, Charter Communications Properties, LLC, d /b /a Charter Communications ( "Franchisee") currently holds a cable television franchise granted by the City of Arroyo Grande ( "City"), California, to own and operate a cable television system in the City (the "Franchise "); and WHEREAS, on June 1, 2011 Franchisee entered into an Asset Contribution Agreement whereby Franchisee will contribute certain cable system assets, including the Franchise, to CCO SoCal I, LLC ( "CCO SoCal I "),; and WHEREAS, Franchisee has requested the City's consent to this transaction, pursuant to which 100% of the equity interests in CCO SoCal I will be distributed to its indirect parent company, Charter Communications Operating, LLC, via a series of internal transactions (together with the contribution of the Franchise and certain cable television system assets to CCO SoCal I, the "Transfer ") ; and WHEREAS, Franchisee and CCO SoCal I have filed an FCC Form 394 with the City and have provided the City with information as required by law related to the Transfer and requested its consent; and WHEREAS, Section 5.24.080.A of the Arroyo Grande Municipal Code requires that a cable franchise holder is required to obtain the City's consent prior to effectuating any change in control; and WHEREAS, Section 5.24.080.F of the Arroyo Grande Municipal Code requires that Franchisee reimburse the City for its reasonable expenses in processing and reviewing a transfer of the franchise or of control of the franchise; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follow: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The City consents to the Transfer described herein, subject to Franchisee paying all costs associated with the City's review, approval and preparation of any documentation necessary to consent to the Transfer. 3. This Resolution shall be deemed effective upon its adoption. RESOLUTION NO. 4393 PAGE 2 On motion of Council Member Guthrie, seconded by Council Member Brown, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Brown, Costello, Ray, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 23 day of August 2011. RESOLUTION NO. 1 {39-3 PAGE 3 TONY FERN; - , MAYOR ATTEST: KEL 44 / 1/4 .1L1/4/UM-C-- Y W M�/2 , CITY CLERK APPROVED AS TO CONTENT: / .� S VEN ADAMS, CITY MANAGER APPROVED AS TO FORM: c h OTHY J. CARMEL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 4393 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 23` day of August 2011. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24 day of August 2011. ∎, / % / i1 iiii. Gcrezz- -- KELLY W ° M E, CITY CLERK