Resolution No. 4580 (2) - Laserfiche WebLink

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RESOLUTION NO. 4550 A RESOLUTION CONSENTING TO AT &T ACQUIItING CONTROL OF TCI, SUBJECT TO SPECIFIC CONDITIONS. The City Council of the City of Eugene finds that: A. The City Council granted TCI Cablevision of Oregon, Inc. a non - exclusive franchise to operate a cable television system in the City of Eugene on May 13, 1991. Lane County, and the City of Springfield have identical franchise agreements with TCI'Cablevision of Oregon, Inc. B. On September 2, 1995, TCI Cablevision of Oregon, Inc. gave notice to the cities of Eugene and Springfield, and to Lane County, of a proposed change in control that would result from a merger between Tele- Communications, Inc. (TCI), the local franchisee's parent, and AT &T Corp. (AT &T), and requested that the City consent to the transfer of control. C. As provided in the franchise agreement, on September 25, 1995 the City requested that the Metropolitan Policy Committee (MPQ initiate an inquiry into the proposed merger of TCI and AT &T. IVIPC initiated such an inquiry, the respective jurisdictions forwarded a request for information to TCI Cablevision of Oregon, Inc., and AT &T has responded by letter dated November 25 1995 from Richard E. Thayer to Milo Mecham, Lane Council of Governments. D. At the present time both TCI and AT &T have raised a legal challenge to City Ordinance 20053, and are in non - compliance with that ordinance. Consent to the proposed merger is in reliance on AT &T's responses to MPC's inquiry and is conditioned upon TCI and AT &T agreeing to promptly cure the non - compliance with Ordinance 20053 if the City ultimately prevails in the pending litigation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1 . That the City of Eugene hereby grants its consent to permit AT &T to acquire control of TCI Cablevision of Oregon, Inc., through the merger of TCI and AT &T as set forth in the September 2, 1995 notice from TCI Cablevision of Oregon, Inc., a copy of which is attached hereto as Exhibit A, subject to the following conditions: 1.1 That if the City of Eugene ultimately prevails in the legal challenges to Ordinance No. 20053 filed by TCI and AT &T which are now pending, TCI and AT &T, who are now in non - compliance with that Ordinance, will promptly cure such non - compliance, Resolution - 1