Loading...
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