HomeMy WebLinkAboutRes 1410 - AT&T Corporation for Cable Communications Franchise a ii i i
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Tukwila
it of
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, APPROVING
THE CHANGE OF CONTROL OF THE CABLE
COMMUNICATIONS FRANCHISE
WHEREAS, TCI of Washington, Inc. "Franchisee is duly authorized to operate
and maintain a cable communications system in Tukwila, Washington (the "System
by City of Tukwila "Franchise Authority pursuant to a franchise "the Franchise
granted by the Franchise Authority; 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, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES 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, a wholly -owned subsidiary of AT &T, confirms that the franchise will
continue to be bound by the terms of the Master Cable Television Ordinance No. 1687
and Franchise Agreement Ordinance No. 1688 and any amendments thereto;
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 agreement and
any applicable laws, AT &T will obtain any necessary federal, state, or local
authorization prior to the introduction of such services over TCI's cable system.
Implicit in this statement is the obligation to pay to the franchising authority any fees,
taxes or other assessment as may lawfully be levied;
TCI- CHG.DOC 11/19/98
C. The final merger agreement consummated by the parties and approved by the
federal government shall not contain any material changes from the facts submitted in
the present franchisee's request for transfer of control submitted to the City.
Section 2. This resolution shall be deemed effective in accordance with applicable law.
PASSED BY THE CITY COUNCIL QF THE ITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this 1 day of 1998.
Pamela Linder, Council President
ATTEST /AUTHENTICATED:
0 )i le E. Cantu, City Clerk
APPROVED AS TO FORM:
By:
Off ke of the City ttorney
Filed with the City Clerk: Sif 1V
Passed by the City Council: 'i /J3l9S( i d7
Resolution Number Y '0
TCI- CHG.DOC 11/19/1998