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R 4204RESOLUTION N0.4204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONSENTING TO CHARTER CHAPTER 11 BANKRUPTCY RECONSTRUCTION WHEREAS, Charter Communications Properties LLC d/b/a Charter Communications ("Franchisee"), an indirect, wholly-owned subsidiary of Charter Communications, Inc. ("Charted, ovens a cable television system (the "System's in the City of Arroyo Grande, California (the 'Franchise Authority"); and WHEREAS, on March 27, 2009, Charter and certain of its subsidiaries filed voluntary petitions in the United States Bankruptcy Court for the Southern District of New York ("Bankruptcy Court's seeking relief under the provisions of Chapter 11 of TRIe 11 of the United States Code in order to effectuate a financial restructuring (Case No. 09-11435); and WHEREAS, pursuant to the terms of agreements entered into between Charter and its key bondholders, Charter's current Class A Common Stock and Class B Common Stock will be cancelled and replaced with new voting stock owned by Paul G. Allen and such bondholders, as described in filing with the Bankruptcy Court (the "Transacfion'~, copies of which have been provided to the Franchise Authority; and WHEREAS, the Franchise Authority has concluded that its approval is necessary for the above described Transaction and has been provided a FCC Form 394 and related information for such Transaction; and WHEREAS, the Franchise Authority, has considered and approves the Transaction described above, subject to Franchisee paying all past due public, education, and government (PEG) fees. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande as follows: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The Franchise Authority consents to the Transaction described herein subject to Franchisee paying all past due public, education, and government (PEG) fees. 3. This Resolution shall be deemed effective upon its adoption. RESOLUTION N0.4204 PAGE 2 On motion of Council Member Costello, seconded by Council Member Arnold, and on the following roll call vote: AYES: Council Members Costello, Arnold, Fellows, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28"' day of July 2009. RESOLUTION NO, ~{ZO'1 PAGE 3 .~ TONZTFE~ A, MAYOR ATTEST: ST EN ADAMS, CITY MANAGER APPROVED AS TO FORM: TI THY J. MEL, CITY ATTORNEY APPROVED AS TO CONTENT: OFFICIAL CERTIFICATION 1, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of Cal'rfomia, do hereby certify under penalty of perjury, that the attached Resolution No. 4204 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 28"' day of July 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30"' day of July 2009. ~~ KELLY ORE, CITY CLERK