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HomeMy Public PortalAboutResolution 95-34511 1 1 RESOLUTION NO. 95 -3451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING CONSENT TO THE SALE, TRANSFER AND ASSIGNMENT OF THE NON - EXCLUSIVE CABLE FRANCHISE TO CHARTER COMMUNICATIONS ENTERTAINMENT II, L.P. WHEREAS, the City of Temple City, pursuant to Resolution Nos. 80 -1911 and 89 -2892, granted Cencom Cable Television, Inc. (CCT), a non - exclusive franchise to construct, operate and maintain a cable system within the City of Temple City; and WHEREAS, CCT has requested the City of Temple City's consent to the sale, transfer and assignment of the franchise to Charter Communications Entertainment II, L P (Charter); and WHEREAS, after giving due evaluation to the information supplied, the City of Temple City has determined that it is in the best interest of the City and its residents to consent to the sale, transfer and assignment of the franchise to Charter Communications Entertainment II, L.P. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AS FOLLOWS: SECTION 1. That the City of Temple City hereby gives its approval to the sale, transfer and assignment of the cable system serving the City of Temple City and of the rights under the franchise from CCT to Charter. This consent will become effective upon the date of the legal transfer of the cable system by CCT and acceptance of the terms and conditions of the franchise by Charter. SECTION 2. That the City Council hereby acknowledges that the Franchise Agreement remain in full force and effect with no defaults or breaches thereunder; SECTION 3. That Charter may encumber all or any part of the interests of Charter for financing purposes, by one or more security agreements, devises, mortgages, deeds of trust, or other encumbrances from Charter to any lender, providing financing to Charter from time to time and encumbering and property or assets of Charter including the Franchise Agreement so long as any such encumbrance shall be subject to the rights of the City under the Franchise. SECTION 4. That the franchise is, and shall remain, in full force and effect, and Charter, to whom the franchise rights are assigned pursuant hereto, shall be subject to all terms and provisions thereof. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. APPROVED AND ADOPTED THIS 15th day of August, 1995. ,vilkrheod MAYOR PRO TEM Resolution No. 95 -3451 Page 2 ATTEST: I hereby certify that the foregoing resolution, Resolution No. 95 -3451 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 15th day of August, 1995, by the following vote: AYES: Councilman - Gillanders, Souder, Wilson NOES: Councilman -None ABSENT: Councilman - Budds, Breazeal 1 1 1