CR 01-64 Approve Resolution 2001-33 Approving Transfer of Control of the Cable Television System•
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June 5, 2001 Council Report 2001 -64
Proposed Action
Staff recommends adoption of the following motion: Approve Resolution 2001 -33 approving the
Acceptance of the Resolution Approving the Transfer of Control of KBL Cablesytems of the
Southwest, Inc., the Cable Television Franchisee, to AOL Time Warner.
This result of this motion will be to complete the transfer of control of the cable system currently
serving Hopkins to the company formed by the merger of Time Warner and AOL.
Overview
In January 2000, America Online, Inc. and Time Warner, Inc. announced a merger. The new company
became AOL Time Warner, Inc. Because Hopkins was served by a subsidiary of Time Warner, the
proposed merger and resulting transfer of control required approval under our franchise and Minnesota
Law.
The City Council held a public hearing and passed Resolution 2000 -12 in April 2000 approving the
transfer of control. Resolution 2000 -12 required AOL Time Warner to perform several actions
including returning a signed acceptance of Resolution 2000 -12 within 30 days of the transfer closing.
The closing took place and AOL Time Warner has complied with all of the requirements of Resolution
2000 -12 but neglected to sign the acceptance document. At the April 25 Southwest Suburban Cable
Commission meeting, AOL Time Warner promised to sign and return the document. The Commission
directed its attorney to draft a resolution for each city that would extend the time limit for submitting
the acceptance document.
Supporting Information
• Resolution 2001 -33
es Genellie
ssistant City Manager
Financial Impact: $ None
Related Documents (CIP, ERP, etc.):
Notes:
Approve Resolution 2001 -33 Approving
Transfer of Control of the Cable Television System
Budgeted: Y/N Source:
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RESOLUTION NO. 2001 -33
APPROVING THE ACCEPTANCE OF THE RESOLUTION
APPROVING THE TRANSFER OF CONTROL OF
KBL CABLESYSTEMS OF THE SOUTHWEST, INC., THE CABLE TELEVISION
FRANCHISEE, TO AOL TIME WARNER
WHEREAS, the City of Hopkins, Minnesota ( "City ") passed and adopted Resolution No.
2000- 12,.approving the transfer of control of KBL Cablesystems of the
Southwest, Inc. to AOL Time Warner ( "Franchisee ") subject to certain specified
criteria including, but not limited to, the receipt of a signed Acceptance upon thirty
(30) days of the date of the transfer closing.
WHEREAS, AOL Time Warner inadvertently failed to execute and forward a signed
Acceptance upon thirty (30) days of the date of the transfer closing as required
NOW, THEREFORE, the City Council for the City resolves that the City hereby extends
the thirty (30) day requirement required in Resolution No. 2000 -12 Section 3(c)
until July 31, 2001.
This Resolution shall take effect and continue and remain in effect from and after
the date of its passage, approval, and adoption.
A motion to approve the foregoing Resolution No. 2001 -33 was made by Council
Member and duly seconded by Council Member
Passed and adopted by the City Council for the City this 5th day of June 2001.
ATTEST: CITY OF HOPKINS, MINNESOTA
By: By:
Its: Its:
420944/1
The following Council Members voted in the affirmative:
The following Council Members voted in the negative:
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