0823RESOLUTION NO. 823
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AUTHORIZING AND CONSENTING TO THE
ASSIGNMENT AND TRANSFER OF CONTROL OF A CABLE
TELEVISION FRANCHISE"'
RECITALS:
A. Cox Communications Palos Verdes, Inc., ("Franchisee") is the duly
authorized holder of a franchise ("Franchise") that authorizes the operation and
maintenance of a cable television system within the City of Rolling Hills ("Franchise
Authority").
B. By letter dated January 8, 1997, Franchisee informed the City that its
parent company, Cox Communications, Inc., in Atlanta, Georgia, intended to merge the
Franchisee, and all other subsidiaries that operate cable television systems, into a new
corporation known as CoxCom, Inc., a Delaware corporation ("Transferee"). Transferee
will also be a wholly-owned subsidiary of Cox Communications, Inc.
C. In accordance with Section 5.08.250 of Chapter 5.08 of the Rolling Hills
Municipal Code, the Franchise Authority has the right to review and to approve the
financial, technical, and legal qualifications of the Transferee in connection with the
proposed transfer of control of the Franchise.
D. On April 8, 1997, the Franchise Authority received from the Franchisee
and the Transferee an application for a transfer of control of the existing Franchise, which
application included FCC Form 394 entitled "Application for Franchise Authority Consent
to Assignment or Transfer of Control of Cable Television Franchise." Supplemental
information was provided to the Franchise Authority by the Franchisee and the Transferee
on May 7, 1997.
E. The staff of the Franchise Authority has reviewed the documentation
that accompanied FCC Form 394 and, based upon the representations set forth in that
documentation, has concluded that the proposed Transferee has the requisite financial,
technical, and legal qualifications to adequately perform, or to ensure the performance of,
all obligations required of the Franchisee under the Franchise, and that the Transferee will
be bound by all existing terms, conditions, and obligations under the Franchise previously
granted by the Franchise Authority to the Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
RESOLVES AS FOLLOWS:
Section 1. In accordance with Section 5.08.250 of Chapter 5.08 of the Rolling
Hills Municipal Code, the Franchise Authority consents to and approves the proposed
transfer of control of the Franchise'by Cox Communications Palos Verdes, Inc. to CoxCom,
Inc.
Section 2. The authorization, consent and approval of the Franchise
Authority to the proposed transfer of control is conditioned upon compliance by the
Franchisee or the Transferee with the following requirements, as to which they are jointly
and severally responsible:
1. An original or conformed copy of the written instrument
evidencing the closing and consummation of the proposed transfer of control of the
Franchise must be filed in the office of the City Clerk within thirty (30) days after that
closing and consummation.
2. The Franchise Authority will be reimbursed for all costs and
expenses reasonably incurred by the Franchise Authority's staff in processing and
evaluating the information relating to the proposed transfer of control of the Franchise;
provided, however, that those costs and expenses will not exceed the sum of $2,500 and
will be set forth in an itemized statement transmitted by the City Manager, or the City
Manager's designee, to the Franchisee and the Transferee within thirty (30) days after the
effective date of this Resolution.
Resolution No. 823 -1-
Section 3. Nothing contained in this Resolution may be construed to
extend the term of the Franchise which will terminate in its entirety on November 6, 2005.
Section 4. The City Clerk is directed to transmit a certified copy of this
Resolution to Mr. Steven G. Fowler, Vice President and General Manager, Cox
Communications Palo Verdes, Inc., 43 Peninsula Center, Rolling Hills Estates, California
90274.
Section 5. The City Clerk is directed to certify to the passage and adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of July 1997.
Frank `E. ill
Mayor Pro Tem
ATTEST:
I(YtirA.. 1<
Marilyn L. KernX
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS
The foregoing Resolution No. 823 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AUTHORIZING AND CONSENTING TO THE
ASSIGNMENT AND TRANSFER OF CONTROL OF A CABLE
TELEVISION FRANCHISE
was approved and adopted at a regular meeting of the City Council on July 28, 1997, by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell and
Mayor Pro Tem Hill.
NOES: None.
ABSENT: Mayor Lay.
ABSTAIN: None .
Marilyn L. T<ern
Deputy City Clerk
Resolution No. 823 -2-
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