WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the
<br />Grantee and the System will change requiring the prior written approval of the City; and
<br />WHEREAS, Comcast, through its subsidiaries, provided written responses to some of
<br />the data requests issued by the Commission representatives, on the City's behalf, and directed
<br />Commission representatives to publicly filed and available information, and referred
<br />Commission representatives to information posted to Comcast Corporation and other websites
<br />(the "Data Request Responses"); and
<br />WHEREAS, the Commission reviewed the Transfer Application, considered all
<br />applicable and relevant factors, and based on consideration provided for under the Franchise
<br />Settlement Agreement, recommends approval of this Resolution; and
<br />WHEREAS, in reliance upon the representations made by and on behalf of Comcast of
<br />Minnesota, Inc., Comcast, and GreatLand, to the Commission, and upon the Commission's
<br />recommendation, the City is willing to grant consent to the Proposed Transaction, so long as
<br />such representations are complete and accurate; and
<br />WHEREAS, the City's approval of the Proposed Transaction is therefore appropriate if
<br />the Grantee will continue to be responsible for all acts and omissions, known and unknown,
<br />under the Franchise Documents and applicable law for all purposes, including (but not limited
<br />to) franchise renewal.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
<br />CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows:
<br />Section 1. The City's consent to and approval of the Transfer Application is hereby
<br />GRANTED in accordance with the Franchise, subject to the following conditions:
<br />1.1
<br />Neither the Franchise, nor any control thereof, nor the System, nor any part of the System
<br />located in any municipal public rights-of-way in the City or on municipal property, shall
<br />be assigned or transferred, in whole or in part, without filing a written application with
<br />the City and obtaining prior written approval of such transfer or assignment, but only to
<br />the extent required by applicable law and the Franchise.
<br />1.2 The City's approval of the Transfer Application is made without prejudice to, or waiver
<br />of, its right to fully investigate and consider during any future franchise renewal process:
<br />(i) Grantee's financial, technical, and legal qualifications; (ii) Grantee's compliance with
<br />the Franchise Documents, except as set forth in the Franchise Settlement Agreement; and
<br />(iii) any other lawful, relevant considerations.
<br />1.3 The City's approval of the Transfer Application is made without prejudice to, or waiver
<br />of, any right of the City to consider or raise claims based on Grantee's defaults, any
<br />failure to provide reasonable service in light of the community's needs, or any failure to
<br />2
<br />457161 RJV QU210-5
<br />
|