Loading...
HomeMy WebLinkAboutReso - CC - 118-1998RESOLUTION NO. 118-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CONSENTING TO THE ACQUISITION OF TCI AMERICAN CABLE HOLDINGS H, L.P., AS A SUBSIDIARY OF AT&T CORPORATION PURSUANT TO SECTION 6.48.100 OF THE BURLINGAME MUNICIPAL CODE RESOLVED, by the City Council of the City of Burlingame: WHEREAS, pursuant to Chapter 6.48 of the Burlingame Municipal Code, the City of Burlingame ("City") has duly authorized TCI American Cable Holdings II, L.P. ("Grantee") to operate and maintain a cable system in the City of Burlingame, California ("System") pursuant to a non-exclusive franchise ("Franchise") granted by the City; and WHEREAS, on September 23, 1998, the City approved a renewal of the Franchise pursuant to an amended franchise agreement ("Amended Franchise"); and WHEREAS, pursuant to the Agreement and Plan ofRestructuring and Merger among AT&T Corporation ("AT&T"); a newly formed, wholly owned subsidiary of AT&T ("Merger Sub"); and Tele-Communications, Inc. ("TCP'), the parent of Grantee, dated as of June 23, 1998 ("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 in the Merger Agreement, TCI will become a wholly owned subsidiary of AT&T (collectively "Transactions"); and WHEREAS, the Grantee will continue to hold the Franchise after the consummation of the Transactions; and WHEREAS, the Federal Government has largely preempted the ability of the City to regulate the transfer of the Franchise; and WHEREAS, a FCC Form 394 has been filed by AT&T Corporation and the Grantee with the City; and WHEREAS, the Grantee has requested the City to consent to the Transactions as provided by the Municipal Code; and WHEREAS, AT&T Corporation and TCI have expressly acknowledged that they are aware of the Amended Franchise as well as the Franchise as it existed before the Amended Franchise; and WHEREAS, AT&T Corporation and TCI have expressly acknowledged that the Grantee will be required to comply with the terms of the Amended Franchise; and WHEREAS, the corporate structure that will exist after the Merger is concluded is generally shown in Exhibit A hereto; and WHEREAS, it appears from the Form 394 filed with the City that AT&T has the qualifications and financial and technical capability derived from the Transactions to ensure that the Grantee will operate and maintain the System and comply with the requirements of the Franchise, WHEREAS, the Council considered the request of AT&T and TCI at a public hearing and considered all evidence presented regarding the Transactions, NOW, THEREFORE BE IT RESOLVED, the City Council ofthe City ofBurlingame does hereby resolve, determine, and find as follows: 1. Pursuant to Burlingame Municipal Code Section 6.48. 100 and Federal law, the City hereby consents to the Transactions described at applicable law. and I, Judith A. Malfatti, City Clerk of the City ofBurlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 2ndday of NOVEMQER 1998, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: JANNEY, KNIGHT, 0-MAHONY, SPINELLI NOES: COUNCILMEMEERS: NONE ABSENT: COUNCILMEMBERS: GALL I GAN City Clerk CAWP51TILEMCAMeonsAff elv.wpd 01 90/so*d 98£8Zb£059T 01 z99T 686 STB r,ddnQ H31Hd Z1N31H00 ad SZ:LT 86, 60 130 E ?� u � � N V � � F E� o < ❑_ a c U F U F u c � d e' 0 V U 4 O u vi C ' c w > m d E - V U m U O r= F F F rL; c a 0 T F yU V;o = 4 c < v C T ?> m x j n U U < u W a £ 0 UU E � ..0. P Q o ci c v N c U p = F F 00 V c. 98£8Zb£059T 01 z99T 686 STB r,ddnQ H31Hd Z1N31H00 ad SZ:LT 86, 60 130 E