HomeMy WebLinkAbout55C - ADELPHIA CABLE TV FRANCHISE
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 7, 2005
TITLE:
APPROVED
As Recommended
As Amended
Ordinance on 1 st Reading
Ordinance on 2"' Reading
Implementing Resolution
Set Public Hearing For
AMENDMENT OF RESOLUTION
CONDITIONALLY APPROVING CABLE
TELEVISION FRANCHISE TRANSFER
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CITY MAN,A; ER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution amending "nunc pro tunc" Resolution
conditionally approved Adelphia Communication's transfer
television franchise to Time Warner Cable.
2005-092
of its
which
cable
DISCUSSION
On October 3, 2005 the City Council conditionally authorized a transfer of
the Santa Ana cable television franchise from Adelphia Cablevision of Santa
Ana, LLC to Time Warner NY Cable LLC, by Resolution No. 2005-092.
Time Warner has requested that the resolution be amended in minor respects
to enhance its clarity and accuracy. The first corrects a finding in the
resolution that Time Warner NY Cable LLC is a "wholly owned" subsidiary of
Time Warner Cable, Inc. The second change is to the transfer agreement and
clarifies that until the transfer is complete, all of the parties reserve
their respective rights. The City Attorney's Office and the City
telecommunications special counsel have reviewed Time Warner's requested
changes and find them legally acceptable. This action is described as a
"nunc pro tunc" action, meaning that it is technical in nature and is
considered retroactive in effect.
FISCAL IMPACT
There is no fiscal impact associated with this action.
,(fYl/)
Mouet, Executive Director
Parks, Recreation and
Commun'ty Services Agency
55C-1
(JWF 11/1/05)
RESOLUTION NO. 2005-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING NUNC PRO TUNC RESOLUTION
NO. 2005-092 WHICH CONDITIONALLY AUTHORIZED
THE ASSIGNMENT OF A CABLE TELEVISION
FRANCHISE BY ADELPHIA CABLEVISION OF SANTA
ANA, LLC TO TIME WARNER NY CABLE LLC, AN
INDIRECT SUBSIDIARY OF TIME WARNER CABLE INC..
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. On October 3, 2005, the City Council of the City of Santa Ana adopted
Resolution No. 2005-092, which conditionally authorized the assignment of a
cable television franchise by Adelphia Cablevision of Santa Ana, LLC
("Adelphia") to Time Warner NY Cable LLC, an indirect subsidiary of Time
Warner Cable Inc ("Time Warner").
B. Time Warner has requested that said resolution be amended in minor respects to
enhance its clarity and accuracy, which amendments the City Council is willing to
make with the understanding that the amendments will not affect the effective
date of the City's timely conditional authorization of the assignment from
Adelphia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
ANA RESOLVES AS FOLLOWS:
Section 1. Section 1 of Resolution No. 2005-092 is amended nunc pro
tunc by deleting the words "wholly-owned" and Section 1 is restated to read as follows:
"In accordance with Section 15-254(f) of Article II, Chapter 15 of the Santa
Ana Municipal Code, the Franchise Authority consents to and approves the proposed
assignment of the Franchise by Adelphia Cablevision of Santa Ana, LLC to Time
Warner NY Cable LLC, which, upon the closing of the asset purchase transaction, will
be an indirect subsidiary of Time Warner Cable Inc., and will be qualified to conduct
business as a limited liability company in the State of California."
55C-2
Section 2. Section 2 of Exhibit A to Resolution No. 2005-092 is
amended nunc pro tunc to read as follows:
"2. Effective as of and contingent upon the occurrence of the Closing,
Assignee covenants and agrees with Assignor and with the Franchise Authority to
assume all rights and to assume and perform all duties and obligations of the Assignor
under the Franchise Agreement. The Franchise Authority reserves any and all rights
with respect to any non-compliance issues that may arise prior to the closing and
Assignee reserves any and all rights and defenses with respect to any such non-
compliance issues."
Section 3. Except as expressly amended herein, Resolution No. 2005-
092 shall remain in full force and effect.
Section 4. The City Clerk is directed to transmit a certified copy of this
resolution to the following persons:
Mr. Roger Keating, President
Los Angeles Division
Time Warner Cable Inc.
959 South Coast Drive, Suite 300
Costa Mesa, CA 92626
Brad M. Sonnenberg, Esq.
Executive Vice President,
General Counsel and Secretary
Adelphia Communications Corporation
5619 DTC Parkway
Denver, CO 80111
Section 4. This Resolution shall take effect immediately upon its
adoption by the City Council, and the Clerk of the Council shall attest to and certify the
vote adopting this Resolution.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
55C-3
APPROVED AS TO FORM:
By:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Council members
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-105 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55C-4