HomeMy WebLinkAbout09-054RECITALS:
CITY OF LAKEVILLE
RESOLUTION NO. 09-54
APPROVING THE PROPOSED REORGANIZATION OF CHARTER
COMMUNICATIONS, INC.
1. The City of Lakeville, Minnesota "City has granted a Cable Television
Franchise "Franchise that is currently held by Charter Cable Partners, LLC, formerly
Marcus Cable Partners "Franchisee an indirect, wholly -owned subsidiary of Charter
Communications, Inc. "Charter
2. Franchisee owns, operates and maintains a cable television system "System in
the City.
3. On March 27, 2009, Charter and certain of its subsidiaries filed voluntary
petitions in the United States Bankruptcy Court for the Southern District of New York
"Bankruptcy Court seeking relief under the provisions of Chapter 11 of Title 11 of the
United States Code to order to effectuate a financial restructuring Case No. 09- 11435.
4. Pursuant to the terms of agreements entered into between Charter and its key
bondholders, Charter's current Class A Common Stock and Class B Common Stock will
be cancelled and replaced with new voting stock owned by Paul G. Allen and such
bondholders, as described in filings with the Bankruptcy Court (the "Reorganization
5. Under both the Franchise and Minnesota Statutes Section 238.083, the City has
concluded that its written approval is necessary for the above described Reorganization.
6. Franchisee has submitted to the City FCC Form 394 Application for Franchise
Authority Consent to Assignment or Transfer of Control of Cable Television Franchise
"Form 394 which provides substantial information regarding the reorganization and
qualifications of Charter and Franchisee following completion of the Reorganization.
7. Based on information received by the City from Franchisee, Form 394, and filings
and documentation received by the City related to the proceedings before the
Bankruptcy Court, the City has elected to consent to the Reorganization.
NOW, THEREFORE, THE CITY OF LAKEVILLE, MINNESOTA HEREBY RESOLVES
AS FOLLOWS:
1. The Franchise is in full force and effect and Franchisee is the lawful holder of the
Franchise.
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2. Each of the foregoing recitals are hereby incorporated by reference.
3. The City hereby consents and approves of the Reorganization.
4. Since the Franchisee remains unchanged as a result of the Reorganization,
nothing in this Resolution shall be interpreted to modify or alter Franchisee's past
performance under the Franchise and Franchisee shall remain fully liable for any and all
franchise obligations unless specifically modified or altered by the Bankruptcy Court.
5. By this consent the City does not waive any of Franchisee's commitments, duties
and obligations under the Franchise, including any accrued and unfulfilled obligation of
the Franchisee, whether known or unknown, relating to the Franchise.
6. In the event the Reorganization is not completed, for any reason, or is modified in
any material manner, the City's consent provided hereunder shall not be effective.
This Resolution shall take effect and continue and remain in effect from and after the
date of its approval.
ATTEST:
Charlene Friedges, City erk
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APPROVED this 20th day of July, 2009.
CITY O. AKEVILLE, MINNESOTA
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