2000-R-03RESOLUTION NO. 2000-R-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ACKNOWLEDGING A CHANGE
IN CONTROL OF THE CABLEVISION FRANCHISE
(ORDINANCE NO. 84-0-08); DUE TO A RECENT MERGER
BETWEEN TIME WARNER INCORPORATED AND
AMERICA ONLINE, THE CONTROLLING PARTY
(FRANCHISEE) WILL NOW BE KNOWN AS -AOL TIME
WARNER'; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 4, 1984, the City Council of the City of Edgewater, Florida, adopted
Ordinance No. 84-0-08 renewing the non-exclusive Cable Television Communications System
Franchise with Cablevision Industries of Central Florida, Inc. (Cablevision Industries);
WHEREAS, Cablevision Industries also known as Time Warner Inc. is currently the holder
of a non-exclusive franchise (Franchise) to provide cable television service for the City of
Edgewater;
WHEREAS, pursuant to the Franchise, the Franchise or control thereof, shall not be
transferred or assigned without prior written consent ofthe City and a hearing within thirty (30) days.
Such consent shall be given only after a hearing upon a written application on forms to be prescribed
by the City. The application for consent to such transfer or assignment shall be signed by
Cablevision Industries/Time Warner Incorporated and by the proposed transferee, assignee or their
representatives, evidence of whose authority shall be submitted with the application form;
2000-R-03
WHEREAS, on January 10, 2000 Time Warner Incorporated and America Online entered
into an Agreement and Plan of Merger. The Merger Agreement will result in a stock -for -stock
merger (Transaction) in which TWI and AOL will merge with subsidiaries of a newly forted
holding company;
WHEREAS, as a result of the transaction, both TWI and AOL will result in a change of
control of the Franchisee which is now known as Time Warner.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. To the extent required under the terms of the Franchise, the City authorizes
and consents to the change in control of the Time Warner Incorporated (Franchisee) resulting from
the Merger. The change will now reflect "AOL Time Warner".
Section 2. The Franchisee shall remain responsible for all obligations under the
Franchise.
Section 3. The foregoing consent shall be effective upon the closing of the Transaction.
Section 4. All resolutions or parts of resolutions in conflict herewith be and the same we
hereby repealed.
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Section 5. This resolution shall take effect upon adoption.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
this resolution was as follows:
Mayor Donald A. Schmidt
ABSENT
Councilman James P. Brown
AYE
Councilman Dennis A. Vincenzi
AYE
Councilwoman Harriet E. Rhodes
AYE
Councilwoman Judy Lichter
AYE
PASSED AND DULY ADOPTED this 6th day of March, 2000.
ATTEST:
2000-R-03
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By.
Dennis A. Vincenzi
Vice - Mayor
Robin L. Matusrck
Legal Assistant