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HomeMy WebLinkAboutResolution - 2795 STATE OF CALIFORNIA ) RESOLUTION NO. 2795 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE TO CAC EXCHANGE I, LLC, A SUBSIDIARY OF TIME WARNER CABLE INC., PURSUANT TO CERTAIN CONDITIONS WHEREAS, for the protection of the health, safety and welfare of its citizens, the City of San Jacinto ("City") grants franchises to private cable television operators to provide cable television services within the boundaries of the City; and WHEREAS, the City previously granted an award of a cable television franchise to install, operate, and maintain a cable television system within the boundaries of the City ("Franchise") to an entity ("Franchisee") controlled by Adelphia Communications Corporation and doing business as Adelphia Cable ("Adelphia"); and WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005 between Adelphia and Comcast Corporation ("Comcast), an indirect wholly-owned ' subsidiary of Comcast will acquire Adelphia's interest in the Franchisee (the "Adelphia Transaction"); and WHEREAS, pursuant to an Exchange Agreement ("Exchange") between Time Warner Cable, Inc. (`Time Wamer') and Comcast dated April 20, 2005, Comcast will cause the Franchisee to assign the Franchise to CAC Exchange I, LLC ("New Franchisee") and the New Franchisee will become an indirect subsidiary of, and will do business as, Time Warner Cable; and WHEREAS, Time Warner and Comcast have filed Federal Communications Commission ("FCC") Forms 394 to provide details regarding the Adelphia Transaction and the Exchange and to establish the qualifications of the New Franchisee; and WHEREAS, the New Franchisee expressly agrees to assume the obligations under the Franchise upon the close of the Exchange; and WHEREAS, the City desires to approve the Adelphia Transaction, the Exchange, and the transfer of the Franchise to the New Franchisee as described above, subject to certain conditions and the reservation of certain rights. NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the City Council of the City of San Jacinto as follows: w.. Page 1 of 8