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HomeMy WebLinkAboutres1998-066WHATCOM COUNTY COUNCIL AGENDA BILL NO._ 1998 - 343 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: 9/17/98 9/29/98 Public Works /Council Division Head: Dept. Head: Prosecutor: Budget: Executive: SUBJECT: Resolution approving the change of control of the cable communications franchise ATTACHMENTS Resolution SUMMARY STATEMENT: Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date: A resolution of Whatcom County approving the change of control of the cable communications franchise. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN. 1998 - 343 9/29/98: Approved 7 -0 Res. #98 -066 Related File Numbers: Ordinance or Resolution Number (this item only): RE4.*q5.0w 1 Mf anchise res /98 2 3 4 PROPOSED BY: Conse nt SPONSORED BY: Consen t INTRODUCED: 9/29/98 5 6 RESOLUTION NO. 98 -066 7 APPROVING THE CHANGE OF CONTROL OF WHATCOM COUNTY'S 8 CABLE COMMUNICATIONS FRANCHISE 9 10 WHEREAS, TCI Cablevision of Washington, Inc. ( "Franchisee ") is duly authorized to 11 operate and maintain a cable communications system in Whatcom County, Washington (the 12 "System ") by Whatcom County Government ( "Franchise Authority ") pursuant to a franchise (the 13 "Franchise ") granted by the Franchise Authority; and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. Page 1 1 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the 2 Franchise Authority hereby consents to and approves the transactions to the extent that such consent 3 is required by the terms of the Franchise and applicable law. 4 5 BE IT FINALLY RESOLVED that this resolution shall be deemed effective in accordance 6 with applicable law. 7 8 APPROVED this 2 day of -,Pit _ , 1998. 9 10 11 ATTEST: 15 16 APPROVED AS TO FORM: 17 18 19 20 Karen Frakes, Civil Deputy Prosecutor 21 22 23 Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON