HomeMy WebLinkAboutRES CC 1999 1574 1999 0203RESOLUTION NO. 99 -1574
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE CHANGE OF
CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE
HELD BY TCI CABLEVISION OF CALIFORNIA, INC.
WHEREAS, TCI Cablevision of California, Inc. through
TCI of Ventura County (hereinafter "Franchisee ") is duly
authorized to operate and maintain a cable communications
system in Moorpark, California (hereinafter the "System ")
by the City of Moorpark (hereinafter "Franchise Authority")
pursuant to a franchise (hereinafter "Franchise ") granted
by the Franchise Authority in March 1996; and
WHEREAS, pursuant to the Agreement and Plan of
Restructuring and Merger among AT &T Corporation
(hereinafter "AT &T "), a newly formed wholly owned
subsidiary of AT &T (hereinafter "Merger Sub "), and Tele-
Communications, Inc., the parent of Franchisee (hereinafter
"TCI "), dated as of June 23, 1998 (hereinafter "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 (hereinafter "Transactions "); and
WHEREAS, Franchisee will continue to hold the
Franchise after consummation of the Transactions between
AT &T and TCI; and
WHEREAS, Federal Communication Commission's Form 394
with respect to the Transactions has been filed with the
Franchise Authority; and
WHEREAS, Section 5.06.312 of the Moorpark Municipal
Code requires the City's consent for any change in control
of a franchise prior to the change in control occurring;
and
WHEREAS, TCI has agreed to pay related administrative
costs incurred by the City in preparation and review of
this change in control request; and
Resolution No. 99 -1574
Page 2
WHEREAS, TCI has offered to make an equipment grant of
$5,000 to be expended at the City's sole discretion; and
WHEREAS, TCI and AT &T have requested consent by the
Franchise Authority to the Transactions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Franchise Authority hereby consents
to and approves a change in control of the Franchise as a
result of the Transactions to the extent such consent is
required by the terms of the Franchise and the Moorpark
Municipal Code.
SECTION 2. That the equipment grant of $5,000
shall be due and payable within twenty (20) days of the
adoption of this resolution.
SECTION 3. This Resolution shall become effective
upon its adoption and compliance with Section 2 above.
SECTION 4. The City Clerk shall certify to the
adoption of this resolution and shall cause a certified
resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 3rd da(y o)f Februoy /1999.
ATTEST:
s
Deborah S. Traffenste , City Cle
atrick/ Hunter, Mayor
Resolution No. 99 -1574
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk
Moorpark, California, do hereby certify
perjury that the foregoing Resolution
adopted by the City Council of the City
meeting held on the 3rd day of February,
same was adopted by the following vote:
of the City of
under penalty of
No. 99 -1574 was
of Moorpark at a
L999, and that the
AYES: Councilmembers Evans, Harper, Rodgers,
Wozniak and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City
this 5th day of February, 1999.
Deborah S. Traffensted , City Clerk
(seal)