HomeMy WebLinkAboutRES 3368 CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3 3 6 8
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING THE CHANGE OF CONTROL OF THE CABLE
COMMUNICATIONS FRANCHISE.
WHEREAS, TCI of Seattle, Inc. ("Franchisee") is duly authorized by the City of Renton
(the "Franchise Authority") to operate and maintain a cable communications system (the
"System") in Renton, Washington, pursuant to a franchise granted by the Franchise Authority
under Ordinance No. 4412 (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 ("TCP"), 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
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RESOLUTION NO. 3368
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.
4413, 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 Franchisee any fees, taxes or other
assessments as may lawfully be levied; and
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 Franchisee's request for consent to the change of control submitted to the
Franchise Authority.
SECTION II. This Resolution shall be deemed effective in accordance with applicable
law.
PASSED BY THE CITY COUNCIL this 4th day of January , 1999
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Marilyn J. -et: .-n, City Clerk
APPROVED BY THE MAYOR this 4th day of January , 1999
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Jesse`'Tanner, Mayor
oved as to form:
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Lawrence J. War n, City Attorney
RES.699:12:/09/98:as.
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