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HomeMy WebLinkAboutCity Council Resolution 99-04 RESOLUTION NO. 99-04 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. (Franchisee) is duly authorized to operate and maintain a cable communications system in Saratoga, California (the "System") by the City of Saratoga ("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 fonned wholly owned subsidiary of AT&T ("Merger Sub"), and Telecommunications, 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 tenns 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 6th day of January, 1999, by the following vote: AYES: Counci 1 members NOES: None: ABSTAIN: None ABSENT: None Baker, Streit, Mehaffey, Vice Mayor Bogosian, Mayor Shaw ATTEST: ~(¡(h~ Cìty Clerk J~~ . ',,-