2006-083 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED, OHIO ORDINANCE N0.2006 - 83 BY: Mayor O'Grady AN ORDINANCE OF THE CITY OF NORTH OLMSTED, OHIO CONDITIONALLY APPROVING THE REQUEST FOR A TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM WOW TO AVISTA; AND DECLARING AN EMERGENCY. WHEREAS, WideOpenWest Cleveland, LLC (WOW Cleveland"), an indirect wholly- owned subsidiary of WideOpenWest Holdings, LLC ("WOW Holdings", and together ~., ith WOW Cleveland, "WOW") has the right to own, operate and maintain a cable system (the "Cable Franchise") in the City of North Olmsted, Ohio, as successor party to a Franchise Agreement between the City of North Olmsted and Ameritech New Media, Inc. effective May 9, 1996 (the "Franchise Agreement"); and WHEREAS, WOW Holdings has entered into an Agreement and Plan of Merger dated December 23, 2005, as amended, pursuant to which Racecar Acquisition, LLC, a limited liability company majority-owned and controlled by Avista Capital Partners, L.P. (collectively, "Avista"), will acquire indirect ownership of WOW Cleveland (the "Transfer of Control"), which will continue to hold the Cable Franchise and operate the cable system in the City; and WHEREAS, on December 23, 2005, WOW Holdings and Avista submitted an FCC Form 394 to the City describing the Agreement and Plan of Merger and the Transfer of Control and requesting the City's consent to the proposed Transfer of Control; and WHEREAS, after reviewing the FCC Form 394 and other information submitted by WOW Holdings and Avista, the City requested additional information from WOW Holdings and Avista in order to perform its due diligence review of the legal, technical and financial ability of Avista to control the performance of the obligations of the Cable Franchise and consider the effect of the proposed Transfer of Control on the health, safety and welfare of the citizens of North Olmsted, Ohio, which additional information was supplied by WOW on behalf of WOW and Avista; and WHEREAS, under federal law, the City has a period of one hundred twenty (120) days to act on the request for consent to the Transfer of Control, which period of time will elapse on or about Apri122, 2006; and WHEREAS, the City has determined to approve the Transfer of Control, provided that certain conditions as set forth in this Ordinance are met. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of North Olm~`°d, County of Cuyahoga and State of Ohio, that: