HomeMy WebLinkAbout3172 Resolution RESOLUTION NO. 31-7
A RESOLUTION OF THE CITY OF PASCO CONSENTING TO CHARTER
COMMUNICATIONS RESTRUCTURING
WHEREAS, Falcon Video Communications L.P. (Franchisee), an indirect,wholly owned
subsidiary of Charter Communications,Inc. ("Charter"), owns a cable television system(the
"System") in the City of Pasco, Washington,the Franchise Authority;and
WHEREAS, on March 27,2009, Charter and certain of its subsidiaries Bled voluntary petitions
in the United States Bankruptcy Court for the Southern Jurisdiction of New York("Bankruptcy
Court") seeking relief under the provisions of Chapter 11 of Title 11 of the United States Code in
order to effectuate a financial restructuring(Case No. 09-11435); and
WHEREAS,pursuant to the terms of agreements entered into between Charter and its key
holders, Charter's current class A Common Stock and Class B Common Stock will be canceled
and replaced with new voting stock owned by Paul G Allen and such bondholders, as described in
flings with the Bankruptcy Court(the"'Transaction"), copies of which have been provided to the
City of Pasco;and
WHEREAS,the Pasco Municipal Code(PMC) Section 15.70.020 AO(2)provides the definition
of"transfer"as a change,acquisition, or direct or indirect transfer of control of the franchisee or
right of way permit holder; and
WHEREAS,the Pasco Municipal Code(PMC) Section 15.70.330 titled Transactions Affecting
Control Of Grant, states that transactions that result in a change of 50% or more of ownership
requires City Approval;and
WHEREAS,the City of Pasco has concluded that based on PMC Sections 15.70.020 and
15.70.330,that approval is necessary for the above described Transaction and has been provided
a FCC Form 394 and related information for such Transaction: and
WHEREAS,the City of Pasco has considered and approves of the Transaction described above.
NOW THEREFORE BE IT FURTHER RESOLVED AS FOLLOWS:
1. The foregoing recitals are approved and incorporated herein by reference.
2. The City of Pasco consents to the Transaction described herein.
3. This Resolution shall be deemed effective upon adoption.
4. This Resolution shall have the effect of permitting the transfer of the existing franchise
which shall remain in full force and effect without amendment or alteration except with
the reasonable consent of the Franchisee.
PASSED,ADOPTED AND APPROVED by the City Council of the City of Pasco, Washington
at a regular meeting thereof assembled this 6h day of July 2009.
'��4(A-Qd�
Joy is Mayor
A,TTEST: APP O S TO FORM:
De ra L Clark, City er Leland Kerr, City Attorney