RES 1995-21 - 0000284230
' RESOLUTION NO. 21 - 1995
RESOLUTION DETERMINING THAT A PUBLIC HEARING IS
NECESSARY TO CONSIDER THE PROPOSED TRANSFER OF CONTROL
OF MINNESOTA CABLE PROPERTIES, INC.
WHEREAS, on or about May 2, 1988, the City of Fridley, Minnesota ( "City ")
granted a Cable Television Franchise to Nortel Cable Associates, L.P., a
Delaware limited partnership ( "Nortel "), by adoption of Ordinance No. 904 (the
"Fridley Franchise "); and
WHEREAS, on May 16, 1988, Nortel accepted the Fridley Franchise; and
WHEREAS, Nortel is the current and lawful Grantee of the Fridley Franchise;
and
WHEREAS, Countryside Investments, Inc., a Delaware corporation ( "Countryside ")
and Nortel Cable Corporation, a Minnesota corporation ( "NCC "), own 17.18 and
39.98 limited partnership interests respectively in Nortel; and
WHEREAS, NCC owns a 438 general partner interest in Nortel; and
WHEREAS, NCC and Countryside are wholly -owned by KBLCOM Incorporated, a
Delaware corporation ( "KBLCOM "); and
' WHEREAS, KBLCOM is wholly -owned by Houston Industries Incorporated, a Texas
corporation ( "HI "); and
WHEREAS, on February 21, 1995 Nortel and KBLCOM provided the City with written
notice of a proposed transfer of control of KBLCOM from HI to Time Warner,
Inc., a Delaware corporation ( "Time Warner "); and
WHEREAS, the Fridley Franchise and Minn. Stat. 4 238.083 requires that the
City reply in writing within thirty (30) days of receipt of the aforementioned
written notice indicating its approval of the proposed transfer of control or
its determination that a public hearing is necessary because the proposed
transfer of control may adversely affect Nortel's subscribers; and
WHEREAS, City Staff has recommended that a public hearing be held regarding
the proposed transfer of control of KBLCOM; and
WHEREAS, the City desires input from all interested members of the public
regarding the proposed transfer of KBLCOM from HI to Time Warner; and
WHEREAS, the City has numerous questions regarding the impact of the proposed
transfer of control on the City and its residents.
NOW, THEREFORE, the City Council for the City of Fridley, Minnesota resolves
as follows:
' 1. The City hereby determines that the proposed transfer
of KBLCOM from HI to Time Warner may have an adverse
impact on subscribers.
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2. The City hereby orders that a public hearing be
scheduled for April 24, 1995 to obtain input from all
interested parties regarding the proposed transfer.
3. The City Manager is hereby authorized to provide all
necessary parties with written notice regarding the
need for a public hearing with respect to the proposed
transfer of control.
4. The City Manager is further authorized to execute such
other written communications to all necessary parties
as may be required to comply with the Fridley
Franchise and Minn. Stat. § 283.083 with respect to
the proposed transfer.
5. This resolution and the determinations made herein
shall not be effective until the City Manager has
provided Nortel, KBLCOM and Time Warner with written
notice of said determinations which notice must be
provided on March 23, 1995 in order to meet the thirty
(30) day requirement outlined in Minn. Stat.
§ 283.083.
A motion to approve the foregoing Resolution No. 21 -1995 was made by Council
Member Billings and duly seconded by Council Member Jorgenson.
The following Council Members voted in the affirmative:
Billings
Jorgenson
Bolkcom
Schneider
The following Council Members voted in the negative:
None
PASSED AND ADOPTED BY THE CITY COUNCIL FOR THE CITY OF FRIDLEY THIS 20TH DAY
OF MARCH, 1995.
WILLIAM J. NEE - MAYOR
ATTEST:
1 w� 'am a. w
WILLIAM A. CHAMPA - CITY CLERK