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-Com m un i cations, 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: None
ABSENT: None
ABSTAIN: None
ayor
ATTEST:
City Clerk
CERTIFICATION
I hereby certify that the foregoing is certified to be a full, true and correct copy of
Resoâ–ºution No. 95- duly adopted by the City Council on the 5th day of December,
1995.
City Clerk