HomeMy WebLinkAbout99-47 Resolution No. 99-47
RESOLUTION
OF THE CITY OF ELGIN, ILLINOIS, CONSENTING TO THE
TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISEE
AMERITECH NEW MEDIA, INC. FROM AMERITECH CORPORATION
TO SBC COMMUNICATIONS, INC.
WHEREAS, Ameritech New Media, Inc. , a Delaware
corporation, (the "Franchisee" ) is the holder of a franchise
(the "Franchise" ) to provide cable television service in the
City of Elgin, Illinois, a municipal corporation (the
"Municipality" ) pursuant to a franchise agreement between the
Municipality, dated May 28, 1997 . The Franchise Agreement and
the Cable Ordinance are collectively referred to as the
"Franchise Documents" ; and
WHEREAS, the Franchisee and SBC Communications, Inc.
together with Franchisee ( "Transfer Parties" ) jointly submitted
to the Municipality their application on Federal Communications
Commission ( "FCC" ) Form 394, dated October 22, 1998 (the
"Application" ) , requesting that the Municipality approve the
transfer of control of the Franchise as more fully described
therein (the "Transfer" ) ; and
WHEREAS, pursuant to the information requests of the
Municipality, the Transfer Parties supplemented the Application
with additional documents and information; and
WHEREAS, the Transfer Parties have made various
representations in the Application and supplemental information
thereto including that the Transfer is not expected to result
in an increase in cable television service rates or reduce the
quality of cable television customer service or the quality of
cable television service in the Municipality; and
WHEREAS, the Municipality, and the Franchisee have
negotiated an agreement regarding certain conditions of this
consent (the "Transfer Agreement" ) , a copy of which is attached
as Exhibit A and is incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that in reliance upon the
representations and information submitted in the Application
and supplemental information thereto and subject to the
conditions set forth in the transfer Agreement, the
Municipality hereby consents to the Transfer as described in
the Application and supplemental information thereto.
BE IT FURTHER RESOLVED that the Municipality' s consent is
subject to the Franchisee executing and delivering to the
Municipality by no later than 30 days after closing a Transfer
Agreement in the form of the attached Exhibit A. If the
Transfer Parties fail to do so, the Municipality's consent to
the Transfer shall be null and void and the Application shall
be denied.
BE IT FURTHER RESOLVED that, by this consent, the
Municipality does not agree to any renewal or extension of the
Franchise. Any pending or future renewal or extension of the
Franchise shall be subject to applicable federal, state and
local laws, the Franchise Documents, and the Transfer
Agreement .
BE IT FURTHER RESOLVED that Kevin Kelly, Mayor, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute and deliver the Transfer Agreement in
substantially the form of the attached Exhibit A, together with
such mutually agreed upon changes as the Mayor may approve as
necessary or desirable, such approval to be conclusively
evidenced by the execution of the Transfer Agreement.
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Kevin Kelly, Mayor
Presented: February 10, 1999
Adopted: February 10, 1999
Vote: Yeas 5 Nays 0
Attest:
Dolonna Mecum, City Clerk