Laserfiche WebLink
424 <br /> <br /> On motion by Mr. Lynch, seconded by Mr. Schilling, the Resolution Transferring <br />the Cable Franchise to Comcast was approved by the following vote. Ayes: Dr. Brown, <br />Mr. Caravati, Ms. Hamilton, Mr. Lynch, Mr. Schilling. Noes: None. <br /> <br />1. On or about November 21, 2003, the City of Charlottesville, Virginia ("City") <br />granted a Cable Television Franchise Ordinance ("Franchise") to Chelsea <br />Communications, L.L.C., d/b/a Adelphia Cable Communications ("Franchisee"). <br /> <br />2. Pursuant to an Asset Purchase Agreement dated April 20, 2005 between Adelphia <br />Communications Corporation ("Adelphia") and Time Warner NY Cable LLC <br />("TWNY"), the right to purchase the cable system will be assigned by TWNY to a <br />wholly owned subsidiary of TWNY, Cable Holdco Exchange V LLC ("Holdco V"), <br />which will purchase the cable system and Franchise (the "Adelphia Transaction"). <br /> <br />3. Pursuant to an Exchange Agreement dated April 20, 2005 between Time Warner <br />Cable Inc. ("TWC") and Comcast Corporation ("Comcast"), 100% of the equity <br />securities in the Comcast subsidiary C-Native Exchange III, L.P. will be exchanged for <br />100% of the equity securities ofHoldco V whereby that entity will become a 100% <br />indirect subsidiary of Comcast (the "Exchange Transaction"). <br /> <br />4. On or about June 10, 2005: (1) Adelphia and TWC submitted to the City an FCC <br />Form 394 requesting the City's consent to the proposed transfer of the Franchise to <br />Holdco V; and (2) TWC and Comcast submitted an FCC Form 394 requesting the City's <br />consent to transfer control of Holdco V to Comcast of Indiana/Michigan/Texas, LP <br />("CIMT"), a wholly-owned subsidiary of Comcast. <br /> <br />5. Under the City's Franchise and applicable law, both the Adelphia Transaction and <br />Exchange Transaction require consent from the City. <br /> <br />6. The City has reviewed the Adelphia Transaction and Exchange Transaction and <br />the legal, technical, and financial qualifications of the proposed franchisee, Holdco V, <br />and its corporate parent entities. <br /> <br />7. Based on information obtained, and on the reports and information received by <br />the City, the City has elected to consent to both the Adelphia Transaction and Exchange <br />Transaction subject to the conditions specified below. <br /> <br /> NOW, THEREFORE, the City of Charlottesville, Virginia hereby resolves as <br />follows: <br /> <br />1. The Franchise is in full force and effect, and Franchisee is the lawful holder of the <br />Franchise. <br /> <br />2. Each of the foregoing recitals is hereby incorporated by reference. <br /> <br />3. The City hereby consents and approves of the Adelphia Transaction resulting in <br />Holdco V becoming the franchisee under the Franchise and the Exchange Transaction <br />transferring control ofHoldco V to CIMT, subject to: <br /> <br />a. Holdco V, within thirty (30) days of the date of closing the Adelphia Transaction <br />and/or the Exchange Transaction, notifying the City in writing of the completion of the <br />Adelphia Transaction and/or the Exchange Transaction. <br /> <br />b. Holdco V, within thirty (30) days of the date of closing, providing the City with a <br />Certificate of Authority to conduct business in the State of Virginia. <br /> <br />c. Holdco V, within thirty (30) days of the date of closing, providing the City with a <br />signed acceptance of this Resolution in the form attached hereto and incorporated by <br />reference. <br /> <br />d. Holdco V, within thirty (30) days of the date of adoption of this Resolution, <br />reimbursing the City for actual, documented, out-of-pocket costs, expenses and <br /> <br /> <br />