Section 105-339; Ord. 18159; Approving the transfer of a cable television franchise from Charter Communications Entertainment I, L.L.C. to Falcon Telecable, a California limited partnership


Ordinance No.           018158                       Council Bill No. B 209-04            


AN ORDINANCE

approving the transfer of a cable television franchise from Charter Communications Entertainment I, L.L.C. to Falcon Telecable, a California limited partnership; and fixing the time when this ordinance shall become effective.

    WHEREAS, on April 3, 1989, the City granted a cable television franchise to Cable America Corporation; and

    WHEREAS, on June 19, 1989, the City approved the transfer of the cable television franchise from Cable America Corporation to Falcon/Capital Cable Partners, L.P.; and

    WHEREAS, on March 20, 2000 the City approved the transfer of the cable television franchise from Falcon/Capital Cable Partners, L.P. to Charter Communications Entertainment I, L.L.C.; and

    WHEREAS, Charter Communications Entertainment I, L.L.C. has requested that the City approve the transfer of the franchise previously transferred to Charter Communications Entertainment I, L.L.C. to Falcon Telecable, a California limited partnership.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council finds that the transfer of the cable television franchise from Charter Communications Entertainment I, L.L.C. to Falcon Telecable, a California limited partnership will not adversely affect the public interest; provided that all conditions previously imposed on prior transferees remain in full force and effect.

    SECTION 2. The City of Columbia approves the proposed transfer of the cable television franchise from Charter Communications Entertainment I, L.L.C. to Falcon Telecable, a California limited partnership, subject to the conditions set forth in Section 1.


    SECTION 3. The City of Columbia consents to the assignment of agreements related to the cable television franchise transferred from Charter Communications Entertainment I, L.L.C to Falcon Telecable, a California limited partnership.  This consent applies to the pole attachment agreement dated May 18, 1993, the railroad crossing agreements of September 26, 1985 and March 22, 1983 between the Norfolk and Western Railway Company, the City’s predecessor in interest and Charter Communications Entertainment I, L.L.C.’s predecessor in interest.  The City Manager is authorized to execute documents consenting to the assignment of these agreements and any other agreements related to the transfer of the cable television franchise.

    SECTION 4.  This ordinance shall take effect ten days after its passage provided that within that time Falcon Telecable, a California limited partnership has filed its unconditional acceptance of the terms of the franchise and the conditions of transfer of franchise set forth in Section 1. The unconditional acceptance of franchise shall be in the form of “Exhibit A” which is attached to and made a part of this ordinance.

    PASSED this 6th day of July, 2004.