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RESOLUTION NO. 2005-18 INTRODUCED BY: Mayor Rinker and Council as a Whole A RESOLUTION CONSENTING AND AUTHORIZING THE ASSIGNMENT OF THE CABLE SYSTEM AND CABLE TELEVISION FRANCHISE WITH ADELPHIA COMMUNICATIONS CORPORATION, OR AN INDIRECT SUBSIDIARY TO TIME WARNER NY CABLE LLC WHEREAS, Adelphia Communications Corporation, or an indirect subsidiary ~~ ("Adelphia") currently holds a cable television franchise (the Franchise) to conduct, own and operate a cable television system (the "System") operating in the Village of Mayfield (the "Village"); and WHEREAS, the current franchise is presently controlled by Adelphia as a debtor in possession resulting from Adelphia's filing for bankruptcy in June of 2002; and WHEREAS, Adelphia and Time Warner NY Cable LLC ("TWNY") have entered into an agreement whereby the cable system serving the Village, currently operated by Adelphia will be acquired by TWNY (the "Transaction"); and WHEREAS, Adelphia and TWNY have jointly submitted to the Council of the Village, an application on Federal Communication Commission Form 394 requesting consent for the assignment and has submitted such other information concerning the assignment that TWNY is required by law and the Franchise and as requested by Council (collectively, the "Assignment Application"); and WHEREAS, the Council has reviewed the Assignment Application, examined the legal, financial and technical qualifications of TWNY, followed all required procedures in order to consider and act upon the Assignment Application, and considered the comments of all interested parties; and WHEREAS, TWNY will hold the franchise and operate the system in the Village subsequent to the assignment to TWNY; and WHEREAS, the Council believes that it is in the best interest of the Village to approve the Assignment Application and the assignment of the franchise and the system to TWNY, as described in the Assignment Application contingent upon TWNY expressly agreeing to assume all of the terms and obligations under the Franchise Agreement with the Village. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: SECTION 1. Council hereby approves the Assignment Application and the assignment to TWNY as described in the Assignment Application; and Council acknowledges that no further consent is required of the Assignment of the Franchise to any affiliate company under the common control with or controlled by TWNY.