HomeMy WebLinkAboutResolution - 95-59 RESOLUTION NO. 95- 59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
APPROVING TRANSFER OF CABLE TELEVISION FRANCHISE
WHEREAS, The Chronicle Publishing Company, d/b/a Inland Valley Cablevision
("Franchisee") is duly authorized holder of a franchise (as amended to date, the
"Franchise") authorizing the operation and maintenance of a cable television system
(the "System") and authorizing Franchisee to serve The City of San Jacinto (the
"Franchise Authority") with cable television services; and
WHEREAS, Franchisee and Tele-Communications, Inc. a Delaware corporation ('TCI")
have entered into an agreement whereby Franchisee and TCI will merge and TCI will
be the surviving corporation and own the System ;(the "Merger"); and
WHEREAS, TCI will contribute the System to its wholly owned subsidiary TCI
Communications, Inc. ("TCIC"), a Deleware corporation (the "TCl/TCIC Transfer"), and
WHEREAS, TCIC may, if it obtains a favorable ruling from the Internal Revenue
Service, contribute the System to its indirect wholly owned subsidiary, TCI Cablevision
of California, Inc. through a series of intracompany transactions (the "TCIC
Restructuring"); and
WHEREAS, Franchisee, TCIC and TCI Cablevision of California, Inc. have requested
consent by the Franchise Authority to the Merger, the TCl/TCIC Transfer, and the TCIC
Restructuring (collectively, the 'Transactions")
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN JACINTO AS FOLLOWS:
SECTION 1 - The Franchise Authority hereby consents to and approves the
Merger in accordance with the requirements of the Franchise.
SECTION 2 - The Franchise Authority hereby consents to and approves the
TCl/TCIC Transfer in accordance with the requirements of the Franchise.
SECTION 3 - The Franchise Authority hereby consents to and approves the
TCIC Restructuring in the event TCIC receives a favorable tax ruling, in accordance
with the requirements of the Franchise.
SECTION 4 - The Franchise Authority confirms that, as of the date of this
Resolution: (a) the Franchise was property granted to franchisee, is valid, remains in
full force and effect and expires on July 31 , 2000, subject to options, if any, to extend
such term; (b) the Franchise supersedes all other agreements between Franchisee and
the Franchise Authority and represents the entire understanding of the parties; and (c)
Franchisee is materially in compliance with the provisions of the Franchise and there
are no material unfulfilled commitments of Franchisee under the Franchise.
SECTION 5 - This Resolution shall be deemed effective as of the closing date of
the Merger.
MOVED, PASSED AND ADOPTED by the City Council on the 5th day of
December , 1995 by the following vote:
AYES: Councilmembers Cornett, Smedley, Solorio, Williams , Conner
NOES: hone
ABSENT: None
ABSTAIN: None
tl�
ayor
ATTEST:
Y �-
City Clerk
CERTIFICATION
I hereby certify that the foregoing is certified to be a full, true and correct copy of
Resolution No. 95- duly adopted by the City Council on the 5th day of December,
1995.
City Clerk