95-R-10
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RESOLUTION NO. 95-R-IO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, GRANTING CONSENT TO THE
TRANSFER OF CONTROL OF CABLEVISION INDUSTRIES
OF CENTRAL FLORIDA, INC. AND ITS CABLE
TELEVISION SYSTEM FROM CABLEVISION INDUSTRIES
CORPORATION ( "CIC" ) TO TIME WARNER INC.
("TWI") ; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Cablevision Industries of Central Florida, Inc.
("Cablevision") has the right to install, construct, own, operate
and maintain a cable television system (the "System") within the
City of Edgewater, Florida, pursuant to a cable television
franchise issued pursuant to Ordinance No. 663 and renewed pursuant
to Ordinance No. 84-0-08 (the "Franchise").
WHEREAS, Cablevision is currently controlled by Cablevision
Industries Corporation (CIC) and CIC's principal share holder, Mr.
Alan Gerry, an individual residing in Liberty, New York ("Principal
Shareholder" ) .
WHEREAS, Time Warner, Inc. (TWI) and CIC and the Principal
Shareholder have entered into an Agreement and Plan of Merger in
which a wholly owned subsidiary of TWI will merge with and into CIC
and, upon completion of the transaction, CIC will become a
subsidiary of TWI, and TWI will then control Cablevision and the
System (the "Transfer"); all as set forth in the Agreement and the
Supplemental Agreement, each dated February 6, 1995.
WHEREAS, TWI, CIC and Cablevision have jointly submitted to
the City Council of the City of Edgewater, Florida, an application
on Federal Communications Commission ("FCC") Form 394 for consent
to the Transfer and have submitted such other information
concerning the Transfer as required by the Franchise and applicable
law and as reasonably requested by the City of Edgewater, Florida
(collectively the "Transfer Application").
WHEREAS, the City Council has reviewed the Transfer
Application and held the required public hearing to consider the
Transfer Application.
WHEREAS, the City Council has determined that it is in the
best interest of the City of Edgewater, Florida and its residents
Resolution/95-R-IO
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to approve the Transfer Application and the Transfer.
NOW THEREFORE, BE IT ENACTED by the City Council of the City
of Edgewater, Florida:
Section 1. The City Council hereby approves the Transfer
Application and consents to the Transfer to TWI, as described in
the Transfer Application.
Section 2. The City Attorney is hereby authorized to notify
TWI, CIC and Cablevision of this action in writing by furnishing
these companies with an executed copy of this Resolution.
Section 3. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 4. This resolution shall take effect upon adoption.
After Motion by Councilman Hatfield and Second by Councilwoman
Martin, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays NAY
Councilman David L. Mitchum NAY
PASSED AND DULY ADOPTED this 17th day of July, 1995.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
ack H.'Ha n, Sr.
Mayor
APPROVED FOR FORM & CORRECTNESS:
Kriitla A. Storey
City Attorney
Resolution/95-R-10 2