HomeMy WebLinkAbout3021 1 RESOLUTION NO. 3 0 2 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, APPROVING THE CHANGE OF CONTROL OF THE
CA~BLE COMMUNICATIONS FRANCHISE.
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5 WHEREAS, TCI of Washington, Inc. ("Franchisee") is duly
authorized by the City of Auburn (the "Franchise Authority")
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to operate and maintain a cable communications system (the
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"System") in Auburn, Washington, pursuant to a franchise
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granted by the Franchise Authority under Resolution No. 2409
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(the "Franchise"); and
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WHEREAS, pursuant to the Agreement and Plan of
13 Restructuring and Merger among AT&T Corp. ("AT&T"), a newly
]4 formed wholly owned subsidiary of AT&T ("Merger Sub"), and
15 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 surviving corporation
18 in the merger, and as a result of the transactions
19 contemplated by the Merger Agreement, TCI will become a wholly
20 owned subsidiary of AT&T (the "Transactions"); and
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WHEREAS, Franchisee will continue to hold the Franchise
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after consummation of the Transactions; and
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Resolution No. 3021
December 2, 1998
Page 1
! WHEREAS, FCC Form 394 with respect to the Transactions
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has been filed with the Franchise Authority; and
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WHEREAS, the parties have requested consent by the
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Franchise Authority to the Transactions.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED,
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HEREWITH RESOLVES AS FOLLOWS:
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Section 1. The Franchise Authority hereby consents to
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l0 and approves the Transactions to the extent that such consent
]! is required by the terms of the Franchise and applicable law,
12 provided that:
13 A. TCI, as a wholly owned subsidiary of AT&T, confirms
]4 that the Franchisee will continue to be bound by the
15 terms of the Master Cable Television Ordinance No.
4625, and the Franchise, and any amendments thereto;
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]8 B. In accordance with Exhibit 4 of the FCC Form 394,
19 if, in the future, AT&T offers services other than
20 those currently authorized by the Franchise and any
applicable laws, AT&T will obtain any necessary
22 federal, state or local authorization prior to the
introduction of such services over Franchisee's
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Resolution No. 3021
December 2, 1998
Page 2
! System. Implicit in this statement is the
2 obligation to pay the Franchise Authority any fees,
$ taxes or other assessments as may lawfully be
4 levied; and
5 C. The final merger agreement consummated by the
parties and approved by the federal government shall
7 not contain any material changes from the facts
8 submitted in Franchisee's request for consent to the
9 change of control submitted to the Franchise
authority.
Section 2. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
out the directives of this legislation.
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DATED and SIGNED this 7tn day of December, 1998.
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CITY OF AUBURN
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CHARLES A. BOOTM
21 MAYOR
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Resolution No. 3021
December 2, 1998
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4 ATTEST:
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7 Da~ielle E. Daskam,
City Clerk
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10 APPROVED AS TO FORM:
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13' Michael J. Reynolds,
City Attorney
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Resolution NO. 3021
Dece~er 2, 1998
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