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HomeMy WebLinkAboutRES 98-312 RESOLUTION NO. 2f—,31 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, TCI Cablevision of Texas, Inc. ("Franchisee") has requested that the City grant its consent for the cable television franchise granted by the City of Beaumont, Texas (the "Franchise") to be transferred to Texas Cable Partners, L.P. ("Texas Cable"), as more fully described in Exhibit "A" attached hereto (the "Transfer"); and WHEREAS, the Franchisee has requested that the City grant its consent for the change of control of Tele-Communications, Inc. ("TCI") pursuant to a merger agreement between TCI and AT&T (the "TCI Change of Control"); and WHEREAS, the City Council deems it in the public's interest to permit the Transfer and the TCI Change of Control; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the facts and opinions in the preamble are true and correct; and THAT the Transfer of the Franchise from Franchisee to Texas Cable and the TCI Change of Control are hereby approved; and THAT this resolution shall become effective upon the date of the closing of the transactions as described in Exhibit "A" and upon the acceptance of the Franchise by Texas Cable, including the assumption by Texas Partners of all obligation of Franchisee relating to the Franchise. PASSED BY THE CITY COUNCIL of the City of Beaumont this the lg .t6 day of 1998. MA a►` � urrr C? J W X IkWa yor - !i Pro Tem E�� l I w ATTEST: �/' z If 4&t City Secretary APPROVED, AGREED TO, AND OBLIGATIONS ASSUMED: TEXAS CABLE PARTNERS, L.P. By: TCI Texas Cable, Inc., By: TWE-A/N Texas Cable Partners as its general partner General Partner LLC, as its general partner By: By. Name: Name: Title: Title: PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14tWl day of 1998. ayor - Pro Tem ATTEST: City Secretary APPROVED, AGREED TO, AND OBLIGATIONS ASSUMED: TEXAS CABLE PARTNERS, L.P. By: TCI Texas Cable, Inc., By: TWE-A/N Texas Cable Partners as its general partner General Partner LLC, as its general partner By: By: �IIP.0-e-- yI •�J�C— Name: ste hen M. Brett Name: Hole Al Co � Title: Vice President Title: EXHIBIT A TO TRANSFER RESOLUTION OF THE CITY OF BEAUMONT,TX Description of Transfer of Franchise from TCI Cablevision of Texas, Inc. to Texas Cable Partners, L.P. Affiliates of Time Warner and affiliates of TCI Cablevision of Texas, Inc. (the"TCI Affiliates")entered into a Contribution Agreement dated as of June 23, 1998 with Texas Cable Partners,L.P. ("Texas Cable") which provides for the transfer of the franchise to Texas Cable. For purposes of this resolution,the transfer of the franchise includes any necessary transfers of the cable television system and the Franchise through one or more affiliates of TCI Cablevision of Texas, Inc. TCI Change of Control On June 23, 1998,AT&T Corp.,an affiliate of AT&T Corp and Tele-Communications,Inc.,the ultimate parent entity of the TCI Affiliates,entered into an Agreement and Plan of Restructuring and Merger,which provides for AT&T Corp.acquiring control of Tele-Communications,Inc. The closing of the AT&T merger will result in a change of control over the ultimate parent of the TCI Affiliates. Structure Chart A chart showing the ownership structure of Texas Cable after the completion of the AT&T merger is attached to this Exhibit A. EXHIBIT "A" OWNERSHIP OF TEXAS CABLE PARTNERS, L.P. AT&T CORP. Acquisition Pending i TELE-COMMUNICATIONS, INC. TIME WARNER INC. (a Delaware corporation) (a Delaware corporation) 100% I i TCI Communications, Inc. Time Warner Entertainment Company, L.P. (a Delaware corporation) (a Delaware limited partnership approximately 75% owned by TW affiliates) I � I � � I i � I TCI Texas Cable TCI Texas Time Warner Entertainment -- Holdings LLC Cable, Inc. Advance/Newhouse Partnership (a Colorado limited (a Colorado (a New York general partnership two-thirds liability company) corporation) owned by TWE and one-third owned by Advance/Newhouse Partnership) 100% 49.5% Limited 0.5% TWE-A/N Texas Partnership General Cable Partners 49.5% Limited Interest Partnership General Partner LLC partnership Interest Interest (a Delaware limited liability company) 0.5% General Partnership Interest TEXAS CABLE PARTNERS, L.P. (a Delaware limited partnership)