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<br /> RESOLUTION NO. 6-01
<br /> A RESOLUTION OF THE TOWN OF LOS ALTOS HILLS CONSENTING TO
<br /> THE SALE AND TRANSFER OF A NON-EXCLUSIVE CABLE TELEVISON
<br /> FRANCHISE FROM PACIFIC SUN CABLE PARTNERS, L.P., TO TCI OF
<br /> PENNSYLVANIA, INC. AND AUTHORIZING EXECUTION OF AN
<br /> ASSUMPTION AGREEMENT
<br /> WHEREAS, On June 21, 1988,the Town adopted Franchise Procedural Ordinance
<br /> No. 323 wherein the Town was authorized to grant one or more non-exclusive franchises
<br /> to operate a Cable Televison System within the Town subject to certain provisions, terms
<br /> and conditions; and
<br /> WHEREAS, on June 21, 1988, by adoption of Ordinance No. 324,the Town granted
<br /> to Sun Country Cable, Inc., a California Corporation ("Sun Country"), a non-exclusive
<br /> franchise for a period of fifteen years from the date of acceptance of the franchise on terms
<br /> and conditions set forth therein, to install, construct, reconstruct, operate, and maintain a
<br /> cable communications system ("System") within the Town; and
<br /> WHEREAS, on June 21, 1988, Sun Country and the Town entered into and
<br /> executed an Agreement entitled "AN AGREEMENT GRANTING A NON-EXCLUSIVE
<br /> FRANCHISE TO SUN COUNTRY CABLE, INC. TO OPERATE A CABLE TELEVISON
<br /> SYSTEM IN THE CITY OF LOS ALTOS HILLS AND SETTING FORTH CONDITIONS
<br /> ACCOMPANYING THE GRANTING OF THE FRANCHISE," ("Franchise"); and
<br /> WHEREAS, On January 9, 1989, by adoption of Resolution 5-89, the Town
<br /> consented to the sale and transfer of the Franchise described above to Pacific Sun Cable
<br /> Partners, L.P., ("Pacific Sun/Franchisee"); and
<br /> WHEREAS, on June 3, 1999, by adoption of Resolution 31-99,the Town consented
<br /> to the sale and transfer of the Franchise from Pacific Sun/Franchisee to SunTel
<br /> Communications, LLC,a Delaware Limited Liability Corporation("SunTel")and in so doing,
<br /> the Town, Pacific Sun/Franchisee and SunTel entered into a certain Franchise Assumption
<br /> Agreement, dated July 1, 1999; and
<br /> WHEREAS, Pacific Sun/Franchisee has represented to the Town that the transfer
<br /> of the Franchise from Pacific Sun/Franchisee to SunTel was never consummated and that
<br /> Pacific Sun/Franchisee still holds'the Franchise; and
<br /> WHEREAS, Pacific Sun/Franchisee now desires to sell and transfer the Franchise
<br /> to TCI of Pennsylvania, Inc., a Pennsylvania Corporation ("TCI"); and
<br /> WHEREAS, Franchise Procedural Ordinance No. 323 section 4.6(a) requires that
<br /> prior consent of the City Council ("Council") must be obtained in connection with the sale,
<br /> transfer, or disposition of any Cable Television Franchise; and
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