96-200 RESOLUTION NO. 96R-200
A RESOLUTION OF THE CITY OF ANAHEIM,
CALIFORNIA ACCEPTING, FOR THE PURPOSES OF
REVIEW, THE FCC FORM 394 SUBMITTED BY JONES
GROWTH PARTNERS II, L.P. RELATING TO A
FRANCHISE TP~ANSFER AND PRESCRIBING CERTAIN
PROCEDURES RELATING THERETO.
WHEREAS, the City of Anaheim (the "City") has entered into an
agreement granting a nonexclusive franchise to Jones Growth
Partners II, L.P. (the "Operator") to operate a cable television
system in a portion of the City of Anaheim, California and setting
forth conditions accompanying the granting of the Franchise, (the
"Franchise"); and
WHEREAS, pursuant to the Franchise, and the accompanying
franchise ordinance, neither the Franchise nor control of the
Operator may be transferred or assigned without the consent of the
City Council; and
WHEREAS, the Operator has filed on October 17, 1996, an FCC
Form 394 dated October 4, 1996, seeking approval of a transfer of
the Franchise; and
WHEREAS, the City Council of the City of Anaheim now desires
to acknowledge receipt of the FCC Form 394 and prescribe procedures
for its review and consideration by the City.
NOW, THEREFORE, the City Council of the City of Anaheim does
hereby resolve as follows:
Section 1. The FCC Form 394 dated October 4, 1996, filed
by the Operator and Citizens Century Cable Television Venture
("Century") with the City on or about October 17, 1996, is hereby
deemed accepted, for the purposes of review, analysis,
consideration, as of October 17, 1996.
Section 2. The City Manager, the Assistant City Manager,
the City Attorney, and the City's Special Counsel are hereby
authorized and instructed to commence review and analysis of the
FCC Form 394 and obtain such additional information which they
determine necessary to properly analyze and make recommendations
upon the FCC Form 394.
Section 3. The City Manager is hereby authorized, without
further action of this Council, to reject the FCC Form 394 without
prejudice, and the approvals requested therein, without further
action of this City Council for the following reasons and upon the
following basis:
(1) A failure or refusal to file a proper FCC Form 394
with all information required therein.
1241012377-003413030524.1 ai0/31/96
(2) A failure or refusal to provide all documents and
information requested by City Staff, Special Counsel, and
outside consultants retained by the City.
(3) A failure or refusal to reasonably cooperate with
City Staff, Special Counsel, and outside consultants retained
by the City in undertaking due diligence investigations
including, but not limited to, physical inspections of the
cable television system and inspection of records relating
thereto.
(4) The refusal of any assignee or transferee to accept,
without condition or reservation, the terms and conditions of
the existing Franchise or to require as a condition of consent
or approval the amendment, modification, extension, or
alteration of the terms and conditions of the Franchise.
(5) A failure to agree to a transfer agreement in a form
acceptable to the City Manager.
Section 4. Any decision made by the City Manager pursuant
to the authority granted in this Resolution shall be deemed a
decision of the City Council for the purposes of Section 617 of the
1992 Cable Act and the implementing regulations of the Federal
Communications Commission.
APPROVED AND ADOPTED THIS 1Q~hday of December , 1996.
ATTEST:
City Clerk
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
Resolution No. 96R-200 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 10th day of December, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-200 on the 10th day of December, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 10th day of December, 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 Resolution No. 96R-200 was duly passed and adopted by the City Council of
the City of Anaheim on December 10th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM