HomeMy WebLinkAboutCity Council Resolution 02-047RESOLUTION NO. 02-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE CHANGE OF CONTROL OF THE
CABLE COMMUNICATIONS FRANCHISE
WHEREAS, TCI of Cleveland, Inc. (Franchise) is duly authorized to operate and maintain a
cable communications system in Saratoga, California (the "System") by the City of Saratoga (the
"Franchise Authority") pursuant to a franchise (the "Franchise") granted by the Franchise Authority;
and
WHEREAS, Franchisee is an indirect subsidiary ofAT&T Corp. (AT&T) and AT&T intends
to merge with Comcast Corporation (Comcast) to create a new company to be known as AT&T
Comcast Corporation (AT&T Comcast) pursuant to the Agreement and Plan of Merger dated
December 19, 2001 by and among AT&T, Comcast, AT&T Broadband Corp. and certain of their
respective affiliates, and a Separation and Distribution Agreement dated December 19, 2001 by and
between AT&T and AT&T Broadband Corp. (the Merger).
WHEREAS, prior to the Merger, pursuant to an internal corporate restructuring, control of
the cable franchise or stock of the Franchisee, or indirect ownership of the Franchisee, may be
transferred through one or more internal transfers or mergers to another direct or indirect subsidiary of
AT&T, or Franchisee may elect to convert or reorganize its legal form to a limited liability company
(together with the Merger, the "Transactions")
WHEREAS, Franchisee will continue to hold the Franchise after consummation of the
Transactions; and
WHEREAS, FCC Form 394 with respect to the Merger 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.
SECTION 2. This Resolution shall be deemed effective in accordance with applicable law.
The above and foregoing Resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 15~' day of May, 2002, by the following vote:
AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith
Vice Mayor Evan Baker, Mayor Nick Streit
NOES: None
ABSTAIN: None
ABSENT: None
Mayor