HomeMy WebLinkAboutORD.2573.08-16-1999BILL NO. 9-174 ORDINANCE NO. , 7 3
AN ORDINANCE OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, APPROVING THE TRANSFER OF THE CABLE
COMMUNICATIONS FRANCHISE
WHEREAS, Falcon Communications, L.P. ("Franchisee") is duly
authorized to operate and maintain a cable communication system
(the "System") in the City of Cape Girardeau, Missouri,
("Franchise Authority"), pursuant to a franchise (the
"Franchise") granted by the Franchise Authority; and
WHEREAS, Charter Communications, Inc. ("CCI") and the
Franchisee have entered into a Purchase Contribution Agreement
(the "Agreement") dated May 26, 1999, pursuant to which CCI's
affiliate, Charter Communications Holding Company, LLC
("Charter"), will acquire control of the Franchisee (the
"Transaction"); and
WHEREAS, FCC Form 394 has been filed with the Franchise
Authority; and
WHEREAS, the Franchisee and Charter have requested consent
by the Franchise Authority to the Transaction and to the transfer
of the System and the Franchise, in accordance with the
requirements of the Franchise; and
WHEREAS, a public hearing was held on August 2, 1999, after
due notice was given, according to Section 9.01 of the Cape
Girardeau City Charter, at which public hearing all interested
persons were allowed to present evidence regarding the proposed
transfer;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The Franchise Authority, having examined the
proposed transferee's legal, financial, technical, character and
other qualifications to construct, operate and maintain a cable
communications system in the City, finds that:
A. Notice of these proposed transfers has been given to
the Franchise Authority pursuant to Section 617 of the
Cable Act; and
B. The proposed transferee has agreed in writing to comply
with all provisions of the Cape Girardeau Cable
Communications Ordinance, as well as the Franchise
Agreement; and
C. The proposed transferee is, in all respects, legally,
technically and financially qualified, and possesses
the operating experience reasonably necessary to hold a
City Cable System Franchise.
ARTICLE 2. The Franchise Authority hereby consents to the
transaction and the transfer of the System and the Franchise to
Charter, effective immediately upon the closing of the
Transaction contemplated by the Agreement, to the extent that
such consent is required by the terms of the Franchise and
applicable law.
ARTICLE 3. Charter may transfer the Franchise, System, or
assets or control relating thereto, to any entity controlling or
controlled by Charter, and further, the Franchise Authority
hereby consents to and approves the assignment, mortgage, pledge
or other encumbrance, if any, of the System or assets relating
thereto, or of the interests in the permitted holder thereof, as
collateral for a loan, provided that Charter represents in
writing to the Franchise Authority that any such transaction will
not materially affect compliance with the Franchise and that any
affiliated Charter entity with an ownership interest in the
Franchise shall fully comply with the terms of the Franchise.
ARTICLE 4. Effective on the date hereof, this consent and
approval shall have the force of a continuing agreement between
the Franchise Authority and Charter, and shall not be amended or
otherwise altered without the consent of the Franchise Authority
and Charter.
ARTICLE 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED
19 4001 .
ATTEST:
AND APPROVED THIS
-A-Iv',�"A"' (Cxtad'
Gayle L Conrad
City Clerk
I ID DAY OF HUC J<� V- ,
E 4 �
* * * * * * * * * * *
I, the undersigned, being the duly
acting City Clerk of the City of Cape
certify that the foregoing Ordinance
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1 ✓
appointed, qualified and
Girardeau, Missouri, hereby
No. ,L2E is a true,
correct and accurate copy as duly and lawfully passed and adopted
by the governing body of the City of Cape Girardeau, Missouri, on
the Lk day of UA-L,� , 1999.
Gayl L. Conrad, City Clerk
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