Laserfiche WebLink
CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2001-85 <br />BY: COUNCIL MEMBERS LIlVIPERT AND MCKAY <br />AN ORDINANCE APPROVIlNG THE REQUEST <br />TO TRANSFER THE CABLE TELEViSION <br />FRANCHISE OF AMERITECH NEW MEDIA <br />TO WIDEOPENWEST AND DECLARING AN <br />EMERGENCY, AS AMENDED. <br />WHEREAS, Ameritech New Media, Inc. d1b/a Americast ("ANM"), has the right to own, <br />operate and maintain a cable system (the "Cable Franchise") in the City of North Olmsted, Ohio <br />pursuant to a Francluse Agreement executed on or about May 9, 1996 (the "Franchise Agreement"); <br />and <br />WHEREAS, WideOpenWest Holdings, LLC and ANM entered into an Asset Purchase <br />Agreement dated as of May 23, 2001 (the "Purchase Agreement") to transfer the Cable Franchise <br />from ANM to WideOpenWest Holdings, LLC (the "Transfer"), which Purchase Agreement provides <br />that subsequent to the Transfer from ANM, WideOpenWest Ohio, LLC ("WideOpenWest"), a <br />wholly-owned subsidiary of WideOpenWest Holdings, LLC will hold the Cable Franchise and operate <br />the cable system in the City; and <br />WHEREAS, ANM and WideOpenWest submitted to the City an FCC Form 394 dated June <br />6, 2001, which described the Asset Purchase Agreement and Transfer and requested that the City <br />consent to the proposed Transfer; and <br />WHEREAS, after reviewing the FCC Form 394 and other information submitted by ANM <br />and WideOpenWest, the City requested additional information from ANM and WideOpenWest in <br />order to consider the effects of the proposed Transfer upon the health, safety and welfare of the <br />residents of the City of North Olmsted and to perform its due diligence review of the technical, legal <br />and financial abilrty of wdeOpenWest to perform the obligations of the Franchise, which information <br />was supplied; and <br />WHEREAS, the City, ANM and WideOpenWest have been engaged in discussions and <br />negotiation of issues relevant to the Transfer and have essentially reached agreement upon the terms <br />and conditions of same. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCII. OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO, THAT: <br />SECTION 1. The City of North Olmsted hereby approves the Transfer of the Cable <br />Franchise to WideOpenWest Ohio, LLC as described in the Transfer Application and Asset Purchase <br />Agreemetrt and the written representations made to the City as of the effective date of this Ordinance, <br />provided the following conditions are met at the time of the actual transfer or as otherwise specified: <br />A. ANM and WideOpenWest shall certify in writing to the City that the Transfer <br />has been completed, within ten (10) business days of such completion.