Resolution - 9259RESOLUTION NO. 9259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA APPROVING THE
. TRANSFER OF A CABLE TELEVISION FRANCHISE
FROM CENCOM CABLE TELEVISION, INC. TO
CHARTER COMMUNICATIONS ENTERTAINMENT II,
L.P.
WHEREAS, the City Council of the City of West Covina (the "City") adopted
Chapter 11 of the West Covina City Code establishing regulations for granting and
operating cable television systems. Chapter 11 will hereafter be referred to as the "Cable
Television Ordinance"; and
WHEREAS, pursuant to the Cable Television Ordinance, the City entered into a
Franchise Agreement to Cencom Cable Television, Inc. ("CCT") (hereinafter referred to
as the "Franchise Agreement", and
WHEREAS, the City, CCT, and'Charter Communications Entertainment II, L.P.
("Charter") will enter into an agreement entitled "Agreement Relating to the Consent of
the City of West Covina, California to the Transfer of the Franchise Agreement Granted
to Cencom Cable Television, Inc to Charter Communications Entertainment II, L.P. and
the Settlement of Certain Disputes" dated as of September 29, 1995 (hereinafter referred
to as the "Transfer Agreement") attached as Exhibit A; and
WHEREAS, FCC Regulations (47 CFR Section 76.502(I) (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 Communications Entertainment II, L.P.
("Charter") have filed an FCC Form 394 with the City requesting 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 which are on file with the City Clerk, and are
collectively referred to the City documents which are on file with the City Clerk, and are
collectively referred to as the "Transfer Documents".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DOES RESOLVE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. The West Covina City Council finds that, based upon the
representations contained in the Transfer Documents, and the terms and conditions of this
Resolution, Charter has the legal, financial, and technical qualifications to hold the
Franchise. The City Council hereby approves and consents to the Transfer, subject to the
Grantee complying with the terms and conditions of this Resolution and the Transfer
• Agreement.
Section 2. The Mayor or the Mayor Pro Tern is authorized to execute the
Transfer Agreement. The City Manager and the City Attorney, or their designees, are
hereby authorized and empowered to execute the Transfer Agreement and any documents
necessary, in their discretion, to implement the approvals contained herein.
. PASSED AND ADOPTED this 28th day of September, 1995.
AYES: Manners, Touhey, Wong, Herfert
NOES: None
1:V:7Jy7 11 ► f
ABSENT: McFadden
ATTEST:
U
City Clerk
APPROVED AS TO FORM:
6Nab-aA, T/ . oxon
City Aftorney
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