HomeMy WebLinkAboutResolution 2002-43 i
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I c RESOLUTION NO. 2002 -43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AUTHORIZING THE
TRANSFER AND ASSIGNMENT OF ITS CABLE
TELEVISION FRANCHISE FROM TIME WARNER
ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP
1 TO ITS WHOLLY -OWNED SUBSIDIARY, TWEAN
SUBSIDIARY, LLC; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
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i WHEREAS, the City Council of the City of Cape Canaveral, Florida, ( "City ") received on
or about July 22, 2002, from Time Warner Entertainment - Advance/Newhouse Partnership d/b /a Time
Warner Cable ( "Time Warner ") a Federal Communications Commission Application For Franchise
Authority Consent to Assignment or Transfer of Control of Cable Television Franchise (FCC 394),
wherein it desires to transfer and assign its interest in the City's cable franchise from Time Warner
to its new wholly -owned subsidiary, TWEAN Subsidiary LLC ( "Subsidiary"), in order to continue
the provision of cable services to the citizens of Cape Canaveral; and
WHEREAS, it is the intent of the transfer and assignment for Subsidiary to continue to
provide cable services in accordance with the terms and obligations set forth under the existing cable
franchise agreement between the City and Time Warner, which expires on November 1, 2004; and
WHEREAS, the City Council deems it to be in the best interests of the health, safety, and
welfare of the citizens of the City to grant and approve Time Warner's application to transfer and
I assign its interest in the City's cable franchise to Subsidiary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are affirmed and incorporated as part of this
resolution.
Section 2. Approval of Transfer and Assignment. Upon consideration of and reliance upon
the material representations made by Time Warner and Subsidiary in their FCC 394 Application For
Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise and
upon further consideration of the information contained therein together with the supplemental
information and documents provided by Time Warner and Advance/Newhouse Partnership in support
thereof, the City approves and agrees to the transfer and assignment of its cable franchise from Time
Warner to Subsidiary, including any such other name in which Subsidiary intends to conduct business
Resolution No. 2002 -43
I C City of Cape Canaveral
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thereafter. In its approval of the transfer and assignment, the City recognizes that Advance/Newhouse
Partnership will manage the day -to day operations of Subsidiary and will assume and be wholly
responsible for providing quality cable services to the City consistent with the terms and obligations
of the existing cable franchise agreement between Time Warner and the City and expiring on
November 1, 2004. Furthermore, the City acknowledges that it will approve the subsequent transfer
of full control and ownership of Subsidiary to Advance/Newhouse Partnership providing that full and
continued compliance with the terms and conditions of City's cable franchise agreement are
i satisfactorily met.
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Section 3. Severability. If any section, clause, phrase, word, or provision is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural
reasons, such portion shall be deemed a separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions of this resolution.
A Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted
by the City Council are hereby repealed.
Section 5. Effective Date. This resolution shall become effective immediately upon its adoption
by the City Council of the City of Cape Canaveral, Florida.
Resolved by the City Council of the City of Cape Canaveral, Florida, n a regular
P � � ular g
meeting assembled on this 19th day of November, 2002.
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Rocky Randels, Mayor
ATTEST: . – = ,:„, c— ._--
Susan Stills, City. Clerk
For Against
Jim Morgan X
r Buzz Pestos X
Rocky Randels X
Richard Treverton X
Bob Hoog X
Approved as to legal form and sufficiency for
the Ci Cape Canaveral only:
Anthony A. Garganese, City Attorney
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Resolution No 2002 -43
City of Cape Canaveral
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