99-27Resolution NO. 99 -17
•' REEOLUTiON
OF THE CITY OF ELGIN, ILLINOIS, CONSENTING TO THE
TRANSFER OF CONTROL OF THE.. CABLE TELEVISION FRANCHISEE
FROM .ZONES INTERCAHLE INC. TO TCI ILLINOIS HOLDINGS LF
WHEREAS, denes Cnhle IT Fund 15 -A Ltd. (the "Franchise" ")
is the holder of a franchise (the "franchise ") Lo provitle cable
television service in the City of Elgin (the "Mnnlciyality ")
pursuant to lranrhise :111recment betwe e the Municipalil.y,
dated December 10, 1969 (toq ether with any a ondmOnts the
"
'Tranchise Agreement ) and the Mnnlclpelity's Ordinance NO.
5 -935 (the "Cable Ordinance "). The Franchise Agreement. and Ltd
Lable Ordinance arc collectively referred to as the "Vf:anchine
Documents'; and
WHEREAS, Lie Franchisee and 1'CS Of WesL Virginia, Inc.
tohlethcr with Franchisee ( "Transfer Parties ") loinLly submitted
to the Municipality their application on Federal Communications
Commission ( "FCC") Form 394, dated September 30, 199E the
"Application "), requestin9 that the Municipality approve the
transfer r of u,rjt,rcj or the franchise from Franchisee 1.0 TCI
at
Phone fully described tborein (the "Transfer of Control'); -Ind
WHEREAS, pursuanl to the Information requests of the
• MOriCipalltyn the TuansfeF Patties supplemented LLe Application
with additional documents acid rnfQimatiOn and
WHEREAS, the 'TranstOr Parties have made Variouls
rCpressntatinnF in Lha ApP1lCOtlon and supplemental information
Lheretu Inciudigig that the 'PransfOr, which will result. in the
n ise
transfer ul the Franch from the Franchisee to TC1, is not
expected to r autt in an ase i cable television service
to 1. IS reduce the quality Of cable television ruotimmOr
servICI P, of the goal ity of Cable television service to Lhe
Municipal itY; cud
SIR NEAS, the Municipality, hod the 'I'ranctur Parties have
negetlated an agreement regarding certain Conditions Of this
lint (tile "Tranrler Agreement "), copy Of which is attached
ae Exhibit A and rn incorpoated by reference..
NOW, 'THEREFORE, RE IT 4F.SOLV4D HY THE CITY COUNCIL OF THE
CITY OF ELI:IN, ILLINOIS, that in reliance It the
representations and Infatuation submitted in the Application
and supplemental information thereto and subject. to the.
Condi Li ons bet forth In the transfer Agreement, the
Municipality herehy, coxi,,nts to the Transfer of the Franchise
firm Ffamhir to TC1 described in till Application and
supplemental informs Linn Choreto
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• BL IT FURTHLB RESOLVED Lhat the Municipality's Consent is
SUbject to the Tranefer Parties a e cutlny and delivefing to the
Municipality by no later than 30 days after closing which is
scheduled to Occur during Lhe tirst quarter of 1999 a Transfer
Agreement In the form of the attached Exhibit A. if the
Tranefer Parties fall to to so, the Munfcipalily'a eat to
the Trxnster shall be null and void and the Application shall
be denied.
BI f IT FARTHER RESOLVED that, by consent, the Municipality
does not agree to any renewal XtresSion of the Franchise.
Any pending a futlu'e r val o extension Of the Franchise
shall he subject to applicable federal, slate and local laws,
tLr Franchise Documents, and the 'Transfer Agreement.
LSE IT FURTHER RESOLVFO that Kevin Melly, Mayor, and
Do l arms MCCUm, City Clerk, be and are hereby au the riz ed and
directed m cute and deliver the Tfunsfer Agreement In
snbstantlally the form of the at Lachod Exhibit A, Logether with
m.h ml agreed upon changes as the Mayor may approve a
ary or deS lrehl e, such approval t'.o be so I ic - lus i'+ely
evidenced by the execution of the Trans ^'444 AAgr
V V�11• HobC[t Gilliam, MnYn[ Vra TOM
Vresel,Led: Jnnuafy 27, 1'199
Adopted: January 27, 1999
Vote: yeas 11 Nays 0
Attest:
Ltnl onus Melvin, f.ity Cie [k
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