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2002-R-18 ~dESOLUTION NO. 2002-R-lS""" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, AUTHORIZING AND CONSENTING TO THE TRANSFER OF THE FRANCHISE AND CABLE TELEVISION SYSTEM FROM TIME WARNER ENTERT AINMENT ADV ANCE/NEWHOUSE PARTNERSHIP TO A WHOLLY-OWNED SUBSIDIARY AND MANAGEMENT THEREOF BY ADV ANCEINEWHOUSE PARTNERSHIP; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Time Warner Entertainment - AdvanceINewhouse Partnership ("TWE-A/N") is the holder of a franchise (the "Franchise") to provide cable television service for the City of Edgewater; and WHEREAS, TWE-A/N has formed a new wholly-owned subsidiary, TWEAN Subsidiary, LLC ("Subsidiary") to be managed by AdvanceINewhouse, one ofTWE-A/N' s general partners; and WHEREAS, such Subsidiary will be bound to the terms and conditions of the Franchise, subject to applicable law. 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 Entertainment - AdvanceINewhouse Partnership (Franchisee) to AdvanceINewhouse Partnerhip. Section 2. The Franchisee shall remain responsible for all obligations under the Franchise. Section 3. The City hereby acknowledges that the day-to-day management ofthe Subsidiary by the AdvanceINewhouse Partnership and subsequent transfer of full control and ownership ofthe Subsidiary to AdvanceINewhouse Partnership. 2002-R-lS 1 Section4. Allresol-aonsorpartsofresolutionsinconflicther-thbeandthesameare hereby repealed. Section 5. This resolution shall take effect upon adoption. AfterMotionby6�� and Second by 'L..G---- the vote on this resolution was as follows: AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes yX !� Councilwoman Judy Lichter _ PASSED AND DULY ADOPTED this .5_ day of August, 2002. For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2002-R-1S CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: ba zZ- Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this S day ef August, 2002 under Agenda Item No. -c