2006-083 Ordinance - Laserfiche WebLink

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Ordinance No. 2006-83 SECTION 1: The City of North Olmsted hereby consents to and approves the request to the Transfer of Control of the Cable Franchise from WOW Holdings to Avista, provided the following conditions are met: A. Avista and WOW Cleveland stipulate and acknowledge that the Transfer of Control shall have no effect upon the liabilities and obligations incurred by WOW Cleveland under the Cable Franchise prior to the Transfer of Control including, but not limited to, the obligation to pay franchise fees to the City and any liability for failure to pay franchise fees owed to the City. B. Within thirty (30) days of the Transfer of Control, Avista shall certify to the City in writing that the Transfer of Control has been completed, and that there has been no material change in the information disclosed to the City pursuant to the request to approve the Transfer of Control as described in the FCC Form 394 submitted to the City on December 23, 2005, and any additional information submitted by WOW Holdings and/or Avista. C. The Transfer of Control shall be completed by October 1, 2006. D. WOW Cleveland shall execute the Franchise Transfer Acceptance attached to this Ordinance as Exhibit A within ten (10) business days of the passage of this Ordinance, indicating that it assumes and is bound by the terms and conditions of this Ordinance and continues to be bound by all obligations of the Franchise under the Franchise Agreement. E. Avista Capital Partners, L.P. shall execute the Franchise Transfer Ordinance Acceptance attached to this Ordinance as Exhibit B within ten (10) business days of the passage of this Ordinance, indicating that it assumes and is bound by the terms and conditions of this Ordinance. SECTION 2: The failure of WOW Cleveland and/or Avista to satisfy each of their respective conditions in Section 1 above within the time specified shall mean that the Transfer of Control is disapproved, and the City's consent to the Transfer of Control is denied, by operation of this Ordinance as of its effective date, unless such failure is cured within fifteen (15) days of notice of said failure to WOW Cleveland. SECTIONI 3:The Clerk of Council is hereby directed to serve a certified copy of this Ordinance by certified mail upon WOW Cleveland and Avista. SECTION 4: This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, more specifically to ensure appropriate future cable service to the City's subscribers, for which reason and other reasons manifest to this Council, including the requirement under 467631-1 2