HomeMy WebLinkAboutCC RES 96-61RESOLUTION NO. 96-61
RESOLUTION OF THE CITY OF PALM
DESERT APPROVING THE MERGER
BETWEEN CONTINENTAL CABLEVISION,
INC. AND U.S. WEST, INC.
WHEREAS, Colony Communications, Inc. ("Franchisee"), is the duly authorized holder of a
franchise as amended to date, the ("Franchise") authorizing the operation and maintenance of a cable
television system and authorizing Franchisee to serve the of City of Palm Desert ("Franchise
Authority"); and
WHEREAS, Franchisee is a subsidiary of Continental Cablevision, Inc. ("Continental"); and
WHEREAS, Continental and U S WEST, Inc., ("U S WEST") have entered into an Agreement and
Plan of Merger dated as of February 27, 1996 (the "Agreement"), subject to, among other
considerations, any required approval of the Franchise Authority with respect thereto; and
WHEREAS, in connection with the merger (the "Merger") contemplated by the Agreement. the
parent company Continental will merge with U S WEST or with a wholly -owned subsidiary of U
S WEST; and
WHEREAS, Franchisee will remain in place and continue to hold the Franchise; and
WHEREAS, U S WEST may thereafter assign or transfer the control related to Continental to an
entity controlling, controlled by or under common control with U S WEST; and
WHEREAS, to the extent the Franchise requires, Continental and U S WEST now seek approval
of the transfer of control from Continental to U S WEST; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT AS
FOLLOWS:
SECTION 1. To the extent that the consent of the Franchise Authority is required by the terms of
the Franchise and applicable law, the Franchise Authority hereby consents to the transfer of control
of the Franchise, which is currently in full force and effect, but reserves it's right to recover any
monies due to an under payment of franchise fees.
SECTION 2. U S WEST may thereafter assign or transfer the Franchise or control related thereto
to a wholly -owned subsidiary of U S WEST upon notice to the Franchise Authority.
RESOLUTION NO. .96-61
SECTION 3. This resolution shall have the force of a continuing agreement between Franchisee and
the Franchise Authority, and the Franchise Authority shall not amend or otherwise alter this
Resolution without the consent of Franchisee and U S WEST.
PASSED, ADOPTED AND APPROVED this 10 day of October , 1996.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Benson, Crites, Kelly, Spiegel, Snyder
None
None
None
v .
�SHEILA R. GILLIGAN
DIRECTOR OF COMM C IITY AFFAIRS/CITY CLERK
/V/
WALTER H. SNYD
MAYOR
l/�r