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is an indirect parent of the general partner of TCICP would guarantee TCICP's performance of its <br />franchise obligations; and Continental Cablevision of Massachusetts, Inc. ("CCM"), which is an <br />affiliate of Continental operating in the area of the country in which Continental will be receiving <br />assets from TCICP, would guarantee for one year the obligations of Continental which are not being <br />assumed by TCICP; and such companies would represent and warrant that all provisions of the <br />franchise will be fulfilled (including the new consumer protection and customer service regulations <br />attached hereto as Exhibit B); and TCICP and Heritage would agree that the cable system in the City <br />will be operated at the same capacity and with the same level and quality of service as is currently <br />made available by Continental in the City and as required under the franchise; and <br /> <br /> WHEREAS, TCICP would by submitting Exhibit A represent by signed writing that it accepts <br />and will abide by the terms and conditions of the franchise, which shall remain in full effect after the <br />transfer; and <br /> <br /> WHEREAS, Continental and the City properly commenced proceedings during the six month <br />period beginning with the 36th month before franchise expiration pursuant to 47 USC § 546(a) and <br />properly continue to conduct such proceedings with the purpose of considering possible renewal of <br />the franchise; and <br /> <br /> WHEREAS, Passage of this Ordinance will not in any way alter the City's powers to continue <br />conducting the proceedings under 47 USC § 546(a) (which proceedings shall not be concluded until <br />the City provides written notice of such conclusion to the holder of the franchise) and otherwise <br />conduct formal and informhi franchise renewal proceedings under 47 USC § 546; and <br /> <br /> WHEREAS, the City is concerned that the transfer will cause a delay in completing <br />proceedings under 47 U.S.C. § 546 due to the change in operators and personnel, and an extension <br />of the franchise expiration date to 11:59 p.m. on June 23, 1997, would eliminate such concerns and <br />Continental and TCICP would by submitting Exhibit A agree to such extension; and <br /> <br /> WHEREAS, based upon the foregoing information, representations, and circumstances, the <br />City Council has concluded that it is in the best interest of the City and its residents and businesses <br />to grant consent to the transfer of the franchise and extension of the term of the franchise subject to <br />certain conditions including the adoption of new cable television consumer protection and customer <br />service regulations; <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF THE CITY OF UNIVERSITY CITY, <br />MISSOURI, AS FOLLOWS: <br /> <br /> SECTION 1. CONSENT TO TRANSFER. Subject to the conditions set forth herein the City <br />hereby grants its consent to the transfer of the franchise from Continental to .TCICP, and the <br />assumption by TCICP of the obligations of Continental under the franchise which accrue on and after <br />the date of closing of the transfer, provided Continental and TCICP submit to the City Clerk the <br />supplement to their application for consent in the form of Exhibit A signed by all the companies <br />named therein no later than September 9, 1996, and if said companies fail to submit such signed <br />supplement by such date then the request for consent shall be hereby denied for the reasons stated <br /> <br /> <br />