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2005-028 RESOLUTION 2005-028 WHEREAS, KMC Telecom II, Inc. ("KMC") and the City of Hopkins, Minnesota (the "City") entered into an Encroachment Agreement ("Agreement") which took effect February 1, 2000 with an initial expiration of January 31,2008 and with automatic renewals for five year periods. As a result of a pending Asset Purchase Agreement initiated by CenturyTel Acquisitions LLC ("CenturyTel") d/b/a KMC Telecom III to purchase the network assets ofKMC in Hopkins, KMC has notified the City of its intent to transfer and assign the rights and obligations ofKMC to CenturyTel and has requested the consent of the City to transfer those rights and obligations pursuant to the Agreement; and WHEREAS, CenturyTel and KMC have jointly filed an application at the Minnesota Public Service Commission pursuant to Minnesota Statute S237.74(12) for the transfer of assets and customers from KMC Telecom III LLC (f/k/a KMC Telecom, LLC; KMC Telecom III, Inc.), a wholly owned subsidiary ofKMC Telecom Holdings, Inc. to KMC Telecom III LLC, a wholly owned subsidiary of CenturyTel Acquisition, LLC, WHEREAS, CenturyTel is qualified to provide the same services that KMC has been providing in Hopkins; WHEREAS, CenturyTel agrees to adhere to all applicable provisions of the Agreement; WHEREAS, CenturyTel's acquisition of and continued operation ofKMC's network assets in the City of Hopkins will result in positive benefits for the Hopkins community in that it will promote local exchange competition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins that consent to the transfer and assignment of the rights and obligations ofKMC pursuant to the terms of the Encroachment Agreement to CenturyTel is hereby granted. BE IT FURTHER RESOLVED that this Consent shall become effective as of the date of the closing of the Asset Purchase ofKMC Telecom III LLC's assets in Hopkins by CenturyTel which is anticipated to be on or near June 30, 2005. In the event that the Asset Purchase is not closed before or within ninety (90) after June 30, 2005, this Consent shall be null and void. Adopted, this ~ day of , 2005. 1M ~ ACCEPTED AND AGREED TO: "City" a Brown Johnson Print Name ~/~ ~~A1~ :r YYb.;ctU? (I Prin ame Y\ra'fOl Title Vice-President and Senior Counsel Title OJ1/;,P1JJ lj-{o-os Date Date Dan Davis Print Name Senior Vice President & General Counsel Title 1) Y{b 1JDi Date