94-280 RESOLUTION NO. 94R- 280
A RESOLUTION,OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING THAT
AGREEMENT ENTITLED "AGREEMENT
RELATING TO THE CONSENT OF THE CITY
OF ANAHEIM TO THE TRANSFER OF
CONTROL OF COMMUNITY CABLEVISION
COMPANY."
WHEREAS, Community Cablevision Company ("CCC"), a
wholly owned subsidiary of.The Irvine Company was granted a
franchise by the County of Orange pursuant to Resolution No. 90-
130, dated January 24, 1990,, to construct, improve, operate and
maintain a cable television system within certain unincorporated
territory of the County of Orange, as more particularly defined
in the Franchise Agreement; and
WHEREAS, pursuant to the Franchise, CCC possesses the
right to provide cable television service to the Property, as
that term is defined and used in that Development Agreement
No. 91-01 between the City of Anaheim and The Irvine Company for
the Mountain Park Community dated as of November 5, 1991 (the
"Development Agreement"); and
WHEREAS, pursuant to Paragraph 4.5 of the Development
Agreement, the City has agreed that CCC may exercise all rights
under the Franchise Agreement as a Franchisee with the City after
annexation as if the Franchise Agreement were with the City as to
the Property; and
WHEREAS, the City Council has previously approved, as
of November 3, 1992, that Agreement entitled "Agreement Among The
City of Anaheim And Times Mirror Cable Television Of Orange
County, Inc. ('TMCT/OC') Relating To The Consent Of The City of
Anaheim To The Transfer Of Control Of Community Cablevision
Company ('CCC') To TMCT/OC," by which agreement the City Council
approved the transfer of control of CCC to TMCT/OC; and
WHEREAS, CCC, TMCT/OC and TMCT are wholly-owned
subsidiaries of Times Mirror Company ("TMC"); and
WHEREAS, Cox Cable Communication, Inc. ("Cox") is a
wholly owned subsidiary of Cox Communication, Inc. and Cox
Discovery, Inc., which are wholly-owned subsidiaries of Cox
Enterprises; and
WHEREAS, TMC has filed a written application to the
City dated July 3, 1994, wherein it has requested the consent of
the City to a transfer of control of CCC to Cox; and
WHEREAS, the City Council has reviewed the proposed
transaction, as well as all relevant documents, staff reports and
transaction, as well as all relevant documents, staff reports and
recommendations, the operation of the cable system and CCC's
compliance with the Franchise Agreement, and a proposed agreement
entitled, "Agreement Relating to the Consent of the city of
Anaheim to the Transfer of Control of Community Cablevision
Company" (the "Agreement") (attached hereto as Exhibit A); and
WHEREAS, it appears that it would be in the public
interest to approve the Agreement and consent to the transfer of
control of CCC to Cox in accordance with the terms of the
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim as follows:
1. The Agreement and the definitions, provisions,
terms and conditions thereof are incorporated by this reference
into this Resolution.
2. The Transfer, as defined in the Agreement, is here
hereby approved, subject to the terms and conditions of the
Agreement.
3. The Agreement is hereby approved, and Mayor is
hereby authorized and directed to execute said Agreement on
behalf of the City, and the City Clerk shall attest thereto.
4. Unless the payment referred to in Paragraph 10 of
the Agreement is received by the City within the time specified
therein, the approvals and consents contained herein shall lapse
and become null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 13th day of December ,
1994.
ATTEST3ff ~
CI T
9667.1\EEGAN\November 28, 1994
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHLI City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-280 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 13th day (~f December, 1994, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-280 on
the 13th day of DeceMber, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 13th day of Decer~ber, 1994.
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. 94R~280 was duly passed and adopted by the City Council of the City of Anaheim on
December 13, 1994.
CITY CLERK OF THE CITY OF ANAHEIM