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<br />(JWF 11/1/05) <br /> <br />RESOLUTION NO. 2005-105 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA AMENDING NUNC PRO TUNC RESOLUTION <br />NO. 2005-092 WHICH CONDITIONALLY AUTHORIZED <br />THE ASSIGNMENT OF A CABLE TELEVISION <br />FRANCHISE BY ADELPHIA CABLEVISION OF SANTA <br />ANA, LLC TO TIME WARNER NY CABLE LLC, AN <br />INDIRECT SUBSIDIARY OF TIME WARNER CABLE INC.. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines and <br />declares as follows: <br /> <br />A. On October 3, 2005, the City Council of the City of Santa Ana adopted <br />Resolution No. 2005-092, which conditionally authorized the assignment of a <br />cable television franchise by Adelphia Cablevision of Santa Ana, LLC <br />("Adelphia") to Time Warner NY Cable LLC, an indirect subsidiary of Time <br />Warner Cable Inc ("Time Warner"). <br /> <br />B. Time Warner has requested that said resolution be amended in minor respects to <br />enhance its clarity and accuracy, which amendments the City Council is willing to <br />make with the understanding that the amendments will not affect the effective <br />date of the City's timely conditional authorization of the assignment from <br />Adelphia. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA <br />ANA RESOLVES AS FOLLOWS: <br /> <br />Section 1. Section 1 of Resolution No. 2005-092 is amended nunc pro <br />tunc by deleting the words "wholly-owned" and Section 1 is restated to read as follows: <br /> <br />"In accordance with Section 15-254(f) of Article II, Chapter 15 of the Santa <br />Ana Municipal Code, the Franchise Authority consents to and approves the proposed <br />assignment of the Franchise by Adelphia Cablevision of Santa Ana, LLC to Time <br />Warner NY Cable LLC, which, upon the closing of the asset purchase transaction, will <br />be an indirect subsidiary of Time Warner Cable Inc., and will be qualified to conduct <br />business as a limited liability company in the State of California." <br /> <br />Section 2. Section 2 of Exhibit A to Resolution No. 2005-092 is <br />amended nunc pro tunc to read as follows: <br /> <br />"2. Effective as of and contingent upon the occurrence of the Closing, <br />Assignee covenants and agrees with Assignor and with the Franchise Authority to <br /> <br />Resolution 2005-105 <br />Page 1 of 3 <br />