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5555Y ORDINANCE NO. 5555 AN UNCODIFED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE HELD BY ML MEDIA PARTNERS, L.P., TO CENTURY VALLEY CABLE CORPORATION AND APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT PER- TAINING TO SAID TRANSFER WHEREAS, Storer Cable TV, Inc. was granted a franchise by the City pursuant to Ordinance No. 4087, to construct, improve, operate and maintain a cable television system within the City as more particularly defined therein (the "Franchise"); and WHEREAS, the Franchise was transferred to ML Media Partners, L.P. ("the Transferor") pursuant to Ordinance No. 4789, -- which also amended the Franchise (the Franchise, as amended by Ordinance No. 4789, shall be referred to as the "Franchise Agreement"); and WHEREAS, the Transferor has filed a written application to the City, wherein it has requested the consent of the City to the transfer of the Franchise Agreement to Century Valley Cable Corp. ("the Transferee") (the "transfer"); and WHEREAS, the City Council of the City has reviewed the proposed transaction, as well as all relevant documents, staff reports and recommendations, the operation of the cable system and the Transferor's compliance with the Franchise Agreement and applicable law; and WHEREAS, the Transfer cannot go forth without written consent of the City; and WHEREAS, based upon the evidence presented to the City Council, it has determined that it would be in the public interest to conditionally approve the transfer. WHEREAS, an agreement consenting to the transfer of the franchise to Century Valley Cable Corporation has been prepared, the terms and conditions of said agreement being acceptable to the City of Anaheim (the "Transfer Agreement"). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: That the transfer of the Franchise from M L Media Partners L.P. to Century Valley Cable Corporation be, and it is hereby, approved in accordance with the terms and conditions of the Transfer Agreement. I SECTION 2. That the terms and conditions of the Transfer Agreement be, and they are hereby, approved. SECTION 3. That the Mayor and City Clerk be, and they are hereby, authorized and directed to execute the Transfer Agreement on behalf of the City of Anaheim thirty days subsequent to the adoption of this ordinance. SECTION 4. SAVINGS CLAUSE That neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 5th day of March , 1996. MAYfJR OF THE CITYCOF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM - 16047.1\MSLAUGHT\February 21, 1996 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5555 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of February, 1996, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of March, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5555 on the 5th day of March, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of March, 1996. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5555 and was published once in the North County News on the 14th day of March, 1996 CITY CLERK OF THE CITY OF ANAHEIM