Resolution No. 4587262
RESOLUTION NO. 4587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING THE TRANSFER OF CONTROL OF A
CABLE TELEVISION FRANCHISE GRANTED TO COPLEY /COLONY
CABLEVISION OF CYPRESS, INC.
WHEREAS, in 1972, 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, the City
entered into a Franchise Agreement with Copley /Colony Cablevision
of Cypress, Inc. (hereinafter referred to as the "Grantee "),
effective May 29, 1984 (hereinafter referred to as the "Franchise
Agreement "). Grantee is a wholly owned subsidiary of
Copley /Colony, Inc. The Cable Television Ordinance and the
Franchise Agreement constitute, and will be hereinafter referred to
as the "Franchise "; 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 Copley /Colony Cablevision of Cypress, Inc."
(hereinafter referred to as the "Transfer Agreement "), a copy of
which is on file in the Office of the City Clerk, and by this
reference incorporated in full as Exhibit "A "; and
WHEREAS, the effect of the transaction is to transfer
effective control of Grantee to Continental; and
WHEREAS, Continental has requested City Council approval of
the transfer of control of the Grantee to Continental (hereinafter
referred to as the "Transfer "); and
WHEREAS, in support of its request, Continental has 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. Information packet submitted to the City on February 13,
1995;
2. Letter with two volume appendix from Continental to City
of Cypress, dated March 10, 1995;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
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, Continental 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
4. This Resolution.
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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 22nd day of January 1996.
ATTEST:
CI Y C' LERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE
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 22nd day of
January 1996; by the following roll call vote:
AYES : 5 COUNCIL MEMBERS : Age, Carroll, Jones, Kerry and
NOES: 0 COUNCIL MEMBERS: None Bowman
ABSENT: 0 COUNCIL MEMBERS: None
CL/
CT 'Y CLERK OF THE CITY OF CYPRESS