HomeMy WebLinkAboutRESOLUTIONS-2002-040-R-02•
06/05/2002
40-R-02
A RESOLUTION
Consenting to the Change of Control
of the Cable Television Franchisee
from AT&T Corporation to AT&T Comcast
Corporation and Authorizing the City Manager to
Sign the Change of Control Agreement
WHEREAS, MediaOne Acquisitions of Northern Illinois, Inc., (the "Franchisee") is
the holder of a franchise (the "Franchise") to provide cable television service in the City
of Evanston, Illinois, (the "Municipality") pursuant to a franchise agreement between the
Franchisee and the Municipality, dated November 26, 2001 together with any
amendments (the "Franchise Agreement") and the Municipality's Resolution
• No.40-R-02 (the "Cable Resolution"). The Franchise Agreement and the Cable
Resolution are collectively referred to as the "Franchise Documents"; and
WHEREAS, the AT&T Corporation ("AT&T") and Comcast Corporation
("Comcast") jointly submitted to the Municipality their application on Federal
Communications Commission ("FCC") Form 394, dated February 25, 2002 (the
"Application"), requesting that the Municipality approve the Change of Control of the
Franchisee from AT&T to AT&T Comcast Corporation ("AT&T Comcast") as more fully
described therein (the "Change of Control"); and
WHEREAS, pursuant to the information requests of the Municipality, the
Franchisee supplemented the Application with additional documents and information;
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40-R-02
WHEREAS, the Franchisee has made various representations in the Application
and supplemental information thereto; and •
WHEREAS, the Municipality and the Franchisee have negotiated an agreement
regarding certain conditions of this consent (the "Change of Control 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 EVANSTON, COOK COUNTY, ILLINOIS, as follows:
SECTION 1. CONSENT; CONDITIONS:
A. In reliance upon the representations and information submitted in the
Application and supplemental information thereto and subject to the conditions set forth
in the Change of Control Agreement, the Municipality hereby consents to the Change of
Control of the Franchisee from AT&T to AT&T Comcast as described in the Application
and supplemental information thereto. •
B. The Municipality's consent is subject to the Franchisee executing and
delivering to the Municipality a Change of Control Agreement in the form of the attached
Exhibit A by no later than sixty (60) days from the date the Municipality sends a certified
copy of this consent Resolution to the Franchisee.
C.
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, and the Franchise
Documents.
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U
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40-R-02
• SECTION 2. DELEGATION: The Mayor is hereby authorized and directed to
execute and deliver the Change of Control Agreement in substantially the form of the
attached Exhibit A.
SECTION 3. SEVERABILITY: If any portion of this ordinance or application
thereof is found to be unenforceable such provision shall not effect any other application
thereof or the enforceability of the remaining provisions herein to the extent permitted by
law.
SECTION 4: That the City Manager is hereby authorized and directed to sign,
and the City Clerk is hereby authorized and directed to attest on behalf of the City of
Evanston, Change of Control Agreement, between the City of Evanston and Media One
Acquisitions of Northern Illinois, Inc., attached hereto as Exhibit A and made a part
• hereof.
SECTION 5: That the City Manager is hereby authorized and directed to
negotiate any additional terms of the Agreement as may be determined to be in the best
interests of the City.
SECTION 6: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provi d by law.
Lorraine H. Morton, Mayor
ATTEST:
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Adopted: z.,: 'f'L ....,/ t' , 2002
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