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RES 2005-40 - 00013467RESOLUTION NO. 2005 -40 RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, APPROVING THE TRANSFER OF THE CURRENT CABLE TELEVISION FRANCHISE FROM TIME WARNER TO COMCAST WHEREAS, the City of Fridley, Minnesota, has been the local franchising authority in the past for a cable television franchise most recently operated by Time Warner as franchisee; and WHEREAS, Time Warner has notified the City of Fridley, as required by State and Federal law, of its intention to transfer its interest in any current franchise with the City of Fridley to Comcast; and WHEREAS, both Minnesota State law and the City of Fridley's Cable Communications Franchise Ordinance require advance written approval of any such franchise transfer; and WHEREAS, the City of Fridley has received from Time Warner an FCC Form 394, which provides information regarding Comcast Cable Communications LLC's legal, technical and financial qualifications; and WHEREAS, the City of Fridley determined that it would conduct a public hearing on this question of whether it would approve the transfer, which hearing was first held on August 8, 2005, and continued until August 22, 2005; and WHEREAS, the City of Fridley has rejected Time Warner's most recent proposal for the renewal of cable services within the City and Whereas, Time Warner and the City are currently in the formal renewal process under applicable Federal and State law; and WHEREAS, the City of Fridley and Time Warner do appear to have informally agreed in principal on the terms of a renewed Franchise Ordinance, but have not, as yet, fully formalized and approved that agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley, having reviewed the information provided in the FCC Form 394 by Time Warner, and heard the testimony and information provided at its public hearing, APPROVES the transfer of the Cable Television Franchise in the City of Fridley from Time Warner to Comcast, PROVIDED, HOWEVER, that this approval is expressly conditioned upon the formalization and approval of a franchise agreement between the City and Time Warner and Comcast's acceptance of the final and formal renewed franchise agreement prior to the date of closing of the transfer of assets indicated in the FCC Form 394 provided to the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF AUGUST 2005. SC &T Jr . LUND — MAYOR ATTEST: "aAqo�r? DEBRA A. SKOGEN — CI CLERK