HomeMy WebLinkAboutRES CC 1999 1643 1999 0818RESOLUTION NO. 99 -1643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING A CHANGE OF
CONTROL TO ADELPHIA COMMUNICATIONS CORPORATION OF
THAT PORTION OF THE CABLE COMMUNICATIONS
FRANCHISE HELD BY CENTURY COMMUNICATIONS CORP. AS
PART OF CENTURY -TCI CALIFORNIA L.P. WITHIN THE
FRANCHISE AREA FORMERLY HELD BY TCI CABLEVISION
OF CALIFORNIA, INC.
WHEREAS, Century Communications Corp. (hereinafter
"Franchisee ") was party to a transfer of a Franchise held
by TCI Cablevisions of California Inc. to Century -TCI
California L.P. pursuant to Resolution No. 99 -1611; and
WHEREAS, on March 5, 1999 the parent company of
Franchisee, Century Communications Corp. (hereinafter
"Century ") entered into an Agreement and Plan of Merger
with Adelphia Communications Corporation (hereinafter
"Adelphia ") providing among other thing, the sale of stock
and transfer of control of Century to Adelphia; and
WHEREAS, Century and Adelphia have jointly submitted
to the Franchise Authority an application on Federal
Communications Commission Form 394, requesting consent for
the Transfer of Control pursuant to Section 5.06.310 of the
Moorpark Municipal Code; and
WHEREAS, Sections 5.06.310 and 5.06.312 of the
Moorpark Municipal Code requires the City's consent for any
change in control of a franchise prior to the change in
control occurring; and
WHEREAS, Franchisee will continue to hold the
Franchise after consummation of the Transactions between
Century and Adelphia which constitutes a change of control
of franchise; and
WHEREAS, Century has agreed to pay related
administrative costs incurred by the City in preparation
and review of this change in control request, such fees
having been paid; and
Resolution No. 99 -1643
Page 2
WHEREAS, Century has offered to make an equipment
grant of $5,000 to be expended at the City's sole
discretion, which payment has been received; and
WHEREAS, the Franchise Authority has reviewed the
application and believes it is in the best interest of the
community to grant the Transfer of Control from Century to
Adelphia for the franchise area formerly held by TCI
Cablevisions of California, Inc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Franchise Authority hereby consents to
and approves a Change in Control of the Franchise as a
result of the Transactions to the extent such consent is
required by the terms of the Franchise and the Moorpark
Municipal Code and as provided for in this Resolution.
SECTION 2. That the approval of the Change of Control
by the Franchise Authority shall in no manner whatsoever
abrogate, modify or diminish the requirements contained in
the Franchisee.
SECTION 3. Adelphia may transfer the system and /or
the Franchise, or control related thereto, to any entity
controlling, controlled by, or under control of Adelphia
solely as permitted by Sections 5.06.310 and 5.06.312 of
the Moorpark Municipal Code. The Franchise Authority shall
have the final authority to determine compliance with said
Section.
SECTION 4. As an expressed condition of the Franchise
Authority's consent, Adelphia shall not at anytime take any
action whatsoever that would modify or in any manner
diminish the Franchise Authority's existing Certification
from the Federal Communications Commission to regular basis
cable rates within the area of the Franchise. The Franchise
Authority does herewith state that any such action may be
grounds to terminate the Franchise. However, at such time
as effective competition exists within the Franchise Area,
the Franchise Authority shall not abridge the right of
Resolution No. 99 -1643
Page 3
Franchisee to petition for decertification pursuant to
applicable law.
SECTION S. That it shall be the intent of the
Franchise Authority to require any renewals or extensions
of this Franchise to contain provisions for open access by
any cable communications provider for Internet services and
to provide unbundled services to cable communications
customers within the Franchise area.
SECTION 6. The Franchise Authority confirms that the
Franchise is valid and outstanding and in full force and
effect pursuant to Resolution No. 96 -1190 and resolutions
amending same.
SECTION 7. The provisions of this Resolution shall be
binding upon any entity to which this Franchise is
transferred.
SECTION 8. The Franchise Authority's approval of this
Change of Control shall be effective upon adoption of this
Resolution.
SECTION 9. The City Clerk shall certify to the
adoption of this resolution and shall cause a certified
resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 18th day of August 1999.
ATTEST:
Deborah S. Traffens edt, City Clerk
Resolution No. 99 -1643
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk
Moorpark, California, do hereby certify
perjury that the foregoing Resolution
adopted by the City Council of the City
meeting held on the 18th day of August, 1
same was adopted by the following vote:
of the City of
under penalty of
No. 99 -1643 was
of Moorpark at a
999, and that the
AYES: Councilmembers Evans, Harper, Rodgers,
Wozniak and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City
this 11 th day of October, 1999.
Deborah S. Traffenste"T5, City Clerk
_ (seal)