HomeMy WebLinkAboutR-1913 - Approving the change of control of the cable communications franchise.-~
RESOLUTION NO.I q I 3
A RESOLUTION OF THE CITY OF MARYSVILLE APPROVING THE CHANGE
OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE
WHEREAS,Tele-Vue Systems, Inc. ("Franchisee") is duly authorized by the City of
Marysville (the "Franchise Authority") to operate and maintain a cable communications
system (the "System") in Marysville, Washingtonpursuant to a franchise granted by the
Franchise Authority under OrdinanceNo. 1470(the"Franchise"); and
WHEREAS,pursuant to the Agreement and Plan of Restructuring and Merger among
AT&T Corp. ("AT&T"), a newly formed wholly owned subsidiary of AT&T ("Merger
Sub"), and Tele-Communications,Inc., the parent of Franchisee("TCI"), dated as of June
23, 1998 (the "Merger Agreement"), Merger Sub will merge with and into TCI with TCI
as the surviving corporation in the merger, and as a result of the transactions
contemplated by the Merger Agreement, TCI will become a wholly owned subsidiary of
AT&T (the "Transactions"); and
WHEREAS,Franchisee will continue to hold the Franchise after consummation of the
Transactions; and
WHEREAS,FCC Form 394 with respect to the Transactions has been filed with the
Franchise Authority; and
WHEREAS,the parties have requested consent by the Franchise Authority to the
Transactions.
NOW,THEREFORE,BE IT RESOLVED AS FOLLOWS:
SECTION 1.The Franchise Authority hereby consents to and approves the
Transactions to the extent that such consent is required by the terms of the Franchise and
applicable law, provided that:
A) TCI, as a wholly owned subsidiary of AT&T,confirms that the
Franchisee will continue to be bound by the terms of the Master Cable
Television Ordinance No. 1469, and the Franchise, and any amendments
thereto; and
B) In accordance with Exhibit 4 of the FCC Form 394, if, in the future,
AT&T offers services other than those currently authorized by the
Franchise and any applicable laws, AT&T will obtain any necessary
federal, state or local authorization prior to the introduction of such
services over Franchisee's System. Implicit in this statement is the
obligation to pay to the Franchise Authority any fees, taxes or other
assessmentsas may lawfullybe levied;and
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C)The final merger agreement consummated bythe parties and approved bythe
federal government shall not contain any material changes from the facts submitted in
Franchisee's request for consent to the change of control submitted to the Franchise
Authority.Inthe event of such material changes,this approval may be rescinded and the
City Council may require Franchisee to request consent and approval forthe proposed
transactions.
SECTION 2.This Resolution shall be deemed effective in accordance with applicable
law.
PASSED,ADOPTED AND APPROVED this 25thday ofJanuary,1999.
CITY OF MARYSVILLE
Qu:d (;)4«1'----_
MAYOR
ATTEST:
APPROVED AS TO FORM
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CITY ATTORNEY