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HomeMy WebLinkAbout95-38 - ADMIN Resolution - City Council - 1995/03/20CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 95-38 DETERMINING THAT A PUBLIC HEARING IS NECESSARY TO CONSIDER THE PROPOSED TRANSFER OF CONTROL OF KBLCOM INCORPORATED WHEREAS, on or about February 7, 1989, the City of St. Louis Park, Minnesota ("City") granted a Cable Communication Franchise to Nortel Cable Associates, L.P., a Delaware limited partnership ("Nortel"), by adoption of Ordinance No. 1774-89, as amended (the "St. Louis Park Franchise"); and WHEREAS, on February 13, 1989, Nortel accepted the St. Louis Park Franchise; and WHEREAS, Nortel is the current and lawful holder of the St. Louis Park Franchise; and WHEREAS, Countryside Investments, Inc., a Delaware corporation ("Countryside") and Nortel Cable Corporation, a Minnesota corporation ("NCC"), own 17.1% and 82.9% limited partnership interests respectively in Nortel; and WHEREAS, NCC and Countryside are wholly-owned by KBLCOM Incorporated, a Delaware corporation ("KBLCOM"); and WHEREAS, KBLCOM is wholly-owned by Houston Industries Incorporated, a Texas corporation ("HI"); and WHEREAS, on February 21, 1995 Nortel and KBLCOM provided the City with written notice of a proposed transfer of control of KBLCOM from HI to Time Warner, Inc., a Delaware corporation ("Time warner"); and ZO' d 900.0N 6S:6 S6. SI 211 :114 : Q I 113N21UE '8 SSOW WHEREAS, the St. Louis Park Franchise and Minn. Stat. S 238.083 requires that the City reply in writing within thirty (30) days of receipt of the aforementioned written notice indicating its approval of the proposed transfer of control or its determination that a public hearing is necessary because the proposed transfer of control may adversely affect Nortel•s subscribers; and WHEREAS, the City's Cable Commission has recommended that a public hearing be held regarding the proposed transfer: of control of KBLCOM; and WHEREAS, the City desires input from all interested members of the public regarding the proposed transfer of KBLCOM from HI to Time Warner; and WHEREAS, the City has numerous questions regarding the impact of the proposed transfer of control on the City and its residents. NOW, THEREFORE, the City Council for the City of St. Louis Park, Minnesota resolves as follows: 1. The City hereby determines that the proposed transfer of control of KBLCOM from HI to Time Warner may have an adverse impact on subscribers. 2. The City hereby orders that a public hearing be scheduled for April 17, 1995 to obtain input from all interested parties regarding the proposed transfer. 3. The City Manager is hereby authorized to provide all necessary parties with written notice regarding the need for a public hearing with respect to the proposed transfer of control. -2- £0'd 900'4N 6S:6 S6.Si ddW :CI 113NddS $ SSOW 4. The City Manager is further authorized to execute such other written communications to all necessary parties as may be required to comply with the St. Louis Park Franchise and Minn. Stat. § 283.083 with respect to the proposed transfer. A motion to approve the foregoing Resolution No. 95-38 was made by Council Member Jacobs seconded by Council Member Latz The following Council Members voted in the affirmative: Jeff Jacobs Allen Friedman, Ron Latz, Gail Dorfman, George Haun, Robert Young and duly The following Council Members voted in the negative: None Passed and adopted by the City Council for the City of St. Louis Park this 20th day of Mach , 1995. ATTEST: CITY OF ST. LOUIS PARK, MINNESOTA 1096Z140 Review for administration: rm and execution: C. y ager /s/ Ch Meyer City /s/ Su _Lea Pace yor -3- b0'd 900'0N 00:0T S6.ST ?!IW :GI 113N21dH 2 SSOW