Welllll, SS~ look what we find here.....one thing leads to another.........One from a year ago, and one in another state from today.......hummmmm
KLP
ci.big-rapids.mi.us
KLP NOTE: Partial Minutes of the regular meeting of the City Commission (of Grand Rapids, MI)
JANUARY 19, 1999
RESOLUTION NO. 99-13
Commissioner Russell moved, supported by Commissioner Rose, the adoption of the following:
RESOLUTION OF THE CITY OF BIG RAPIDS CITY COMMISSION CONSENTING TO THE TRANSFER OF OWNERSHIP OF A CABLE TELEVISION FRANCHISE AND CONTROL OF A CABLE TELEVISION SYSTEM
WHEREAS, the City awarded a nonexclusive cable television franchise to WestMarc?s predecessor Rapid Corporation d/b/a Rapid Cablevision pursuant to the City Charter, state, and federal law on the terms and conditions set forth in a Franchise Agreement, dated March 9, 1984, and the City Commission approved Rapid Corporation?s sale to WestMarc on or about October 31, 1985 (the ?Franchise Agreement?); and
WHEREAS, pursuant to the Franchise Agreement, WestMarc provides cable services to subscribers in the City over a cable television system (the ?Cable System?); and
WHEREAS, WestMarc is an affiliate of TCID) of Michigan, Inc. (?TCID?), an affiliate of Tele-Communications, Inc. (?TCI?), and TCI proposes to transfer WestMarc to TCI Bresnan, L.L.C., which will then transfer WestMarc to Bresnan Communications Company Limited Partnership, which will then transfer WestMarc to Bresnan Communications Group, L.L.C., and which will then transfer WestMarc to BTC; and
WHEREAS, the preceding transactions are set forth in a Contribution Agreement, dated as of June 3, 1998, by and among Blackstone Cable Acquisition Company, L.L.C., Bresnan Communications Company Limited Partnership, BCI (USA), L.P., BCI Management, L.P., William Bresnan, TCID, and other TCI companies including WestMarc; and
WHEREAS, Section 10 of the Franchise Agreement requires the City Commission?s prior written consent before the Franchise can be transferred or a change in controlling interest of the franchisee can be made; and
WHEREAS, the City has decided that the transfer of the Franchise Agreement from WestMarc to BTC be approved subject to certain conditions set forth in this Agreement and
WHEREAS, the City Commission has formally approved the assumption of ownership and control of the Franchise Agreement and Cable System by BTC upon execution by both parties of this Agreement.
WHEREAS, WestMarc and BTC submitted an application for franchise authority consent to assignment of franchise and transfer of control on FCC Form 394 providing certain information with respect to the parties and the proposed transfer; and
WHEREAS, WestMarc and BTC submitted additional information and documents in response to requests of the City relating to the transaction and its effect on the provision of cable television service within the City; and
WHEREAS, the City is relying upon the foregoing information and documents and acting upon the application for franchising authority consent; and
WHEREAS, the City has determined that the transferee meets the requirements of the Franchise Agreement for approval of the transfer that BTC has the requisite technical, legal, and financial qualifications to assume ownership of the Franchise and the Cable System; and that upon acceptance by WestMarc and BTC of the terms and conditions set forth herein approval of the transfer of ownership will be in the public interest; and
WHEREAS, the City intends to consent to the transfer of ownership and change in control subject to acceptance by WestMarc and BTC of the terms and conditions set forth in the Assumption Agreement attached hereto as Exhibit 1; and
WHEREAS, the City Commission has formally approved the assumption of ownership and control of the Franchise Agreement and Cable System by BTC upon execution by the parties of the Assumption Agreement attached hereto as Exhibit 1; and
WHEREAS, the City has the authority to grant this consent pursuant to the Franchise Agreement by adoption of this Resolution;
NOW, THEREFORE, BE IT RESOLVED THAT the City Commission orders as follows:
City of Big Rapids does hereby consent to the transfer of the Franchise Agreement and Cable System from WestMarc Development Joint Venture to Bresnan Telecommunications Company, L.L.C., and the change in control of WestMarc Development Joint Venture, subject to the execution of the Assumption Agreement by the parties in the form attached hereto and incorporated herein as Exhibit 1.
II.
This Resolution shall become effective from and after its passage, as provided by law, and shall expire on June I, 1999 if the transfer has not been closed by that date.
That the Mayor or his designee is hereby directed and authorized to sign the Assumption Agreement on behalf of the City of Big Rapids after it has been executed by duly authorized representatives of WestMarc Development Joint Venture and Bresnan Telecommunications Company, L.L.C.
Yeas: Kienitz, Rose, Russell, Farrow
Nays: None
The Mayor declared the resolution adopted.
Dated: January 19, 1999
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winonanet.com
KP NOTE: From Winona, Minnesota
Tuesday, February 22, 2000
7:30 P.M.
Meeting No.
City Council Chambers, City Hall
207 Lafayette
8.2 Ordinance to Grant Cable Television Franchise to Bresnan Telecommunications
An ordinance to grant a cable television franchise to Bresnan Telecommunications was presented to and approved by the City Council at the February 7, 2000, meeting. The purpose and effect of the proposed ordinance has been published as required by law. Accordingly, the ordinance may now be considered for final adoption.
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