Resolution No. 4697163
RESOLUTION NO. 4697
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA APPROVING THE TRANSFER OF CONTROL OF A
CABLE TELEVISION FRANCHISE GRANTED TO
CONTINENTAL CABLEVISION, INC. TO U S WEST, INC.
WHEREAS, in 1992, the City Council of the City of Cypress
added Section 1, Chapter 6 of the Cypress City Code, establishing
regulations for granting and operating cable television systems.
Since then, Section 1, Chapter 6 has been amended pursuant to
Ordinances Nos. 701, 726, and 763. Section 1, Chapter 6 will
hereafter be referred to as the "Cable Television Ordinance"' and
WHEREAS, pursuant to the Cable Television Ordinance, Colony
Communications, Inc. (hereinafter referred to as the "Grantee ")
was granted a franchise (hereinafter referred to as the
"Franchise Agreement ") to construct and operate a cable
television system in the City. The Cable Television Ordinance
and the Franchise Agreement constitute, and will be hereinafter
referred to as the "Franchise "; and
WHEREAS, pursuant to Resolution No. 4587, the City consented
to a transfer of control of the Grantee to Continental
Cablevision, Inc.; and
WHEREAS, the City and Grantee have prepared an agreement
entitled "Agreement Relating To The Consent Of The City of
Cypress, California To The Transfer Of Control Of The Franchise
Agreement Granted To Continental Cablevision, Inc. To U S West,
Inc. ", (hereinafter referred to as the "Transfer Agreement "), a
copy of which is on file in the Office of the City Clerk; and
WHEREAS, the effect of the transaction is to transfer
effective control of Grantee to U S West, Inc. ( "U S West "); and
WHEREAS, Cable Television Ordinance Section 6 -4 requires
City Council consent to any transfer or change of control of the
Franchise; 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;
WHEREAS, U S West has filed an FCC Form 394 with the City
requesting City Council approval of the transfer of control of
the Grantee to U S West (hereinafter referred to as the
Transfer "); and
WHEREAS, in support of its Form 394 Application, U S West
and Continental have submitted to the City the following
documents which are on file with the City Clerk, and are
collectively referred to as the "Transfer Documents ":
1. Letter and information packet filed with the City on
June 20, 1996;
2. Letter with additional information filed with the City
on July 30, 1996;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
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SECTION 1. The Cypress City Council finds that, based upon
the representations contained in the Transfer Documents, and the
terms and conditions of this Resolution, U S West has the legal,
financial, character, technical qualifications to control 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. This approval and consent shall
be deemed effective as of the date of closing of the Transaction.
SECTION 2. Upon the close of the Transfer, Grantee shall
comply with and be bound by the following documents:
1. The Cable Television Ordinance;
2. The Franchise Agreement;
3. The Transfer Agreement and all prior transfer
agreements; and
4. This Resolution.
SECTION 3. The Mayor is authorized to execute the Transfer
Agreement. The City Manager and the City Attorney, or their
designees, are hereby authorized and empowered to execute any
documents necessary, in their discretion, to implement the
approvals contained herein.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 9th day of September,
1996.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting of the said City Council held on the 9th day
of September, 1996; by the following roll call vote:
AYES : 5 COUNCIL MEMBERS : Age, Carroll, Jones, Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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