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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. 31 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