HomeMy WebLinkAbout2005-105 - Amending Nunc Pro Tunc Resolution No. 2005-092
(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."
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
Resolution 2005-105
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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 7th day of November. 2005.
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Miguel A. Pulido
Mayor
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Resolution 2005-105
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AYES:
NOES:
Councilmembers: Alvarez. Bist. Bustamante. Garcia. Solorio (5)
Councilmembers: None (0)
ABSTAIN:
Councilmembers: Christy (1)
NOT PRESENT: Councilmembers: Pulido (1)
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 November. 7. 2005.
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Date: /'l/j't!s
Resolution 2005-105
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