HomeMy WebLinkAboutResolution - 88-108 - Giving Final Approval to a Transfer of the City's Cable Television Franchise - CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 88-108
RESOLUTION GIVING FINAL APPROVAL
TO A TRANSFER OF THE CITY 'S CABLE
TELEVISION FRANCHISE
WHEREAS , the City of Eden Prairie , Minnesota, ("City")
has granted a cable television franchise (the "Franchise") to
Rogers Cablesystems of Minnesota Limited Partnership ( "RCMLP")
pursuant to the City ' s cable communications ordinance (the
"Franchise Ordinance") ; and
WHEREAS, Rogers Cablesystems of the Southwest, Inc.
( "RCTSI") is the sole general partner of RCMLP and is a wholly-
owned subsidiary of Rogers U. S . Cablesystems , Inc. (RUSCI") ,
which is a wholly-owned subsidiary of Rogers Cablesystems of
America, Inc. ("RCA") (collectively called herein the "Rogers
Companies") ; and
WHEREAS, the Rogers Companies have acquired all the limited
partnership interests in RCMLP; and
f WHEREAS , there is no need for RCMLP to operate the Franchise
now that the Rogers Companies has acquired all the limited
partnership interests in RCMLP; and
WHEREAS , the Rogers Companies seek to dissolve the RCMLP
limited partnership and transfer the Franchise to the general
partner, RCTSI ; and
WHEREAS , the proposed transfer will not cause a change in
the controlling interest in, or a change in the operation of, the
Franchise, because RCTSI is the general partner of RCMLP; and
WHEREAS , the proposed transfer has been reviewed and
discussed by the Operating Committee of the Southwest Suburban
Cable Commission ( "SWSCC") which has forwarded the proposed
transfer to the City with a recommendation for approval ; and
WHEREAS , it appears that the proposed transfer will be in
the general public interest and will not adversely affect
subscribers to the City ' s cable system.
NOW, THEREFORE, BE IT RESOLVED:
A. The City hereby consents to and approves the transfer
of the Franchise from RCMLP to RCTSI and the dissolution of
RCMLP; such consent and approval is conditioned on the filing by
RCTSI of a written Acceptance Agreement ( "Acceptance") in a form
and substance acceptable to the City and containing the
requirements set forth in Article XIV, Section 2 and Article XII
Section 1 of the Franchise Ordinance whereby RCTSI agrees to
assume, perform, and discharge those obligations and duties of
RCMLP in the Franchise Ordinance, such Acceptance to be filed
with the City within 30 days of the passage of this
Resolution.
B. The City declares as of the time of this Resolution
that the Franchise and all agreements entered into by RCMLP are
deemed in full force and effect and will remain unchanged by the
transfer, except that RCTSI will replace and be responsible as
the successor in interest to all obligations and rights held
formerly be RCMLP.
C. The City notes that Section 6, subdivision 2 , of the
1985 Relief Ordinance provides for automatic termination of the
relief therein, (among other things) , when the Grantee collects
one hundred million dollars ($100,000, 000) as measured from
September 1, 1984 , in gross revenue, or the relief terminates
March 1, 1992 , whichever is earlier. Gross revenues, for
purposes of this provision, are revenues received from all
franchises held, owned, or operated by RCTSI.
Passed and adopted this 7th day of June _ , 1988,
by the City of Eden Prairie
DATED: June 7, 1988 CIT OF: Eden rairie
t
Its: Giao D. a on , Ma or
ATTEST:
in D. rane , City Clerk