Resolution 2005-328
RESOLUTION NO. 2005- 328
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING ASSIGNMENT AND CHANGE
OF CONTROL OF CABLE TELEVISION FRANCHISE FROM TIME WARNER
CABLE, INC. TO MOC HOLDCO II, INC., AN INDIRECT WHOLLY-OWNED
SUBSIDIARY OF COM CAST CABLE COMMUNICATIONS HOLDINGS, INC.,
PURSUANT TO A REDEMPTION AGREEMENT AMONG THE PARTIES.
WHEREAS, Time Warner Cable ("Franchisee") is duly authorized by the Collier
County Board of County Commissioners (the "Franchise Authority") to operate and
maintain a cable communications system (the "System") within its franchised areas
pursuant to a franchise agreement (The "Franchise") granted by the Board of County
Commissioners acting in its capacity as the Franchise Authority; and
WHEREAS, pursuant to a Redemption Agreement dated April 20, 2005 between
Time Warner Cable, Inc., MOC Holdco II, Inc.; TWE Holdings II Trust, Cable Holdco II,
Inc., and Comcast Cable Communications Holdings, Inc., an application was timely
submitted on June 14, 2005 requesting the Board's approval of this assignment and
change of control of the Time Warner Cable Franchise to MOC Holdco II, Inc., a wholly-
owned subsidiary of Comcast Cable Communications Holdings, Inc.; and
WHEREAS, a sufficient FCC Form 394 requesting this approval from the Board
of County Commissioners, acting its capacity as the Franchise Authority to the
transactions, has been reviewed by staff; and
WHEREAS, after reviewing the FCC 394 and its accompanying materials, staff
recommends that the Board approve the applicants' requests; and
WHEREAS, The Board, acting in its capacity as the Franchise Authority, agrees
with staff's recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that:
Section 1. The Board of County Commissioners, acting in its capacity as the
Franchise Authority, hereby consents to and approves the transactions to the extent that
this consent is required by the terms of the Franchise Agreement and applicable law.
Section 2. This Resolution shall be deemed effective in accordance with applicable
laws.
-f/; 0~ j}fe41l,~, after mo~ion,
This Resolution adopted this ;(7 day of
second and majority vote favoring adoption. I
ArrEST: . '. ~., /\ i (:'; .
DWIGHT E. BROCKi Clerk BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
.' ~~
.'~I".'~O. ~- , IIJC By: W.
iu~'Clerk ;' FRED W. COYLE, Chairm
,t est a,\to Chatrman',
Apprd\\t99flH'if,~ 1 ~ '
And le~~;:Cit1~
Thomas C. Palmer
Assistant County Attorney
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