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Home My Public Portal About1999.186A (11-02-99). J ' ~ - .. .. CITY OF LYNWOOD~ • - ~ . LOS ANGELES COUNTY, ~~CAI~IFORNIA ' • RESOLUTION NO. 99.186A - ~, A. RESOLUTION OF THE. CITY'COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AND CONSENTING TO THE TRANSFER OF CONTROL.OF_~ A CABLE TELEVISION ~.' - ' 'FRANCHISE BY MEDIAONE GROUP, INC.. TO AT&T ' !~ • - CORP . ~ • , i ! .. , ~ , t RECITALS: . ~ A: MediaOne' of Las Angeles, Inc. , a .California -~ corporation. ("Franchisee"); is the duly authorized holder of.a. franchise.(-":Franchise") that .authorizes. the. construction, operation, .and .maintenance of a cable, television ,syst:em within . - the City. of Lynwood (.".Franchise Authority")_ ~~ ~_ B. On July 26°, 1999, .the~,Franchise Authority received from MedaOne Group, Inc., a.De,laware.corporation ("Transferor")., and. from. AT&T 'Corp., a New York corporation ("Transferee"), an - applicaton for the transfer of control of the existing, , Franchise,; which application 'included F.CC Form, 3.94 .entitled = "Application for..Franchise.Authori•ty Consent to Assignment or . Transfer•of-.Control of Cable Television .Franchise." Supplemental . information was provided to the Franchise Authority by_the . Transferor and,; the Transferee. on September 10,- 1999, and, on ~ ~~ -- October 14, 1999.. C: In accordanee•with Section 16-3 of Chapter 16 of~ - ahe.Lynwood Municipal Code, the Franchise Authority has the right Ito review and to approve the financial, technical, and legal . ~~ .qualifications of the Transferee in~„connection. with the proposed • - -~~ change of control of the Franchise.. - . - D . Tlie. staff • of .the Franchise Authority has reviewed the documentation that accompanied .FCC Form 394 and, .based upon he representations set forth in that documentation, has concluded that -the,proposed Transferee has the, requisite financial,ytechnical, and legal _qualifications to adequately. ' perform, or .to 'ensure the•performance of, .all obligations ' • required of th~e'Franchisee under the Franchise 'previously granted by the Franchise Authority to the Franchisee. - - NOW, THEREFORE, THE CITY COUNCIL OF THE,'CITY OF LYNWOOD RESODVES AS FOLLOWS: ~, ' Section 1. I'n accordance with Section 16-3 of Chapter , - 16 of the Lynwood Municipal .Code, the Franchise Authority '. consents to and'. .approves .the proposed transfer, of control of the Franchise by MediaOne ,Group',' .Inc . to AT&T ,Corp. • •Section 2. The authorization, consent-and. approval' of the Franchise Authority to the proposed change of contr-ol is _ conditioned .upon compliance by the Transferor or the Transferee - ~' wi°th the following requirements:, as to which they are jointly and ~ _~ ~ severally'responsible: ; ' 1. An on final or conformed co . - g py of the.. written ~~nstrument evidencing .the closzng and consummation of the ~' proposed change of 'control of the Franchise must be .filed in the ~- office of the City Clerk within 3-0,days after that closing .and '' ~ i consumrnation_ ~ - G ,~ • , .. I .. ~ - , .. . - - i -. - ,- I ' '~ 2. -Regardless of whether the transaction described in the FCC Form 394 actually closes, the Franchise Authority will be reimbursed for all costs and expenses reasonably incurred by the Franchise Authority 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 $2500 and will be set forth in an itemized statement transmitted by the City Manager,' or the City Manager's designee, to the Transferor. and the Transferee within 60 days~aft~er•the effective date of this resolution. Section 3. In authorizing this change of control, the Franchise Authority reserves all rights that it may have to impose conditions. regarding access by third parties to the Franchisee's cable system for the delivery of high-speed Internet access service. The Franchise Authority's approval of this change of .control will~not be deemed a waiver of those .rights to impose such conditions at a later date, regardless. of whether a transfer or renewal is pending at that time. Franchisee likewise does not waive any right`s it may. have with respect to the imposition of such a condition. Prior to the .enactment or enforcement of any such requirements, Franchisee will be provided with reasonable notice, an: opportunity to be heard, and an opportunity to present evidence.on any findings made or required to be made with respect to-such a .requirement. Section 4. Nothing contained in this resolution may be construed to~extend the term of the Franchise, which had an original expiration date of October 14,-1996, and which has been periodically extended by the Franchise Authority to December 7, 1999. _ Section 5. The City Clerk is directed to transmit a certified copy of this resolution to the following persons: Mr~. David Condit AT&T' Corp 795 Folsom Street Room 2153 San Francisco, California 94107 Mr. James K. Petro Vice President, Corporate-and Legal Affairs MediaOne Group, Inc:.. 550 N. Continental Blvd., Suite 250 •El Segundo, California 90245 Section 6. The City-Clerk is directed to certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED this ATTEST: CITY CLERK 2nd day of November 19 99. r- orr n . MAY R c ~Y~~/ APPROVE TO ORM CI TTORN Y 1 I ~, - 2 - 1 ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 2nd, day of November, 1999. AYES: COUNCILMEN BYRD, REA, REYES, RICHARDS, SANCHEZ NOES: NONE SYi ABSENT: ~ NONE ~, ,~, .~ City Clerk, City of Lynwood STATE OF CALIFORNIA SS. COUNl"Y OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said ,City, do hereby certify that the above and foregoing is a full, true and.- correct copy of Resolution No. 99.186A on file in my office and that said. resolution was adopted on the date and by the vote therein stated. Dated this 2nd day of November, 1999. ~~~~ ~ . City Clerk resoluti/resobp