HomeMy Public PortalAboutResolution 06-98 Falcon & TCI PartnershipRESOLUTION NO. 6-98
RESOLUTION OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO,
CONSENTING TO A TRANSFER OF MINORITY OWNERSHIP IN THE PARENT
COMPANY OF FALCON VIDEO COMMUNICATIONS; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, pursuant to the powers granted to cities in I.C.
§ 50-329 and pursuant to Title 8, Chapter 9 of the McCall City
Code, the City of McCall (the "City") has authorized Falcon Video
Communications ("Falcon") to operate and maintain a cable
communications system (the "System") in McCall, Idaho, pursuant
to a franchise (the "Franchise") granted by the City; and
WHEREAS, Falcon Holding Group, L.P. ("FHGLP"), the current
managing general partner of Falcon, and affiliates of Tele-
Communications, Inc. ("TCI") have formed a limited partnership,
called Falcon Communications, L.P. (the "Falcon/TCI
Partnership"), which will be the ultimate parent company of
Falcon; and
WHEREAS, FHGLP and TCI have entered into a Contribution and
Purchase Agreement dated December 30, 1997 (the "Contribution
Agreement"), pursuant to which TCI has agreed to transfer the
assets of certain of its cable systems to the Falcon/TCI
Partnership; and
WHEREAS, upon the consummation of the transactions
contemplated under the Contribution Agreement (the "Closing
Date"), FHGLP will have approximately a 53% ownership interest
in, and will control and manage the day-to-day operations of the
Falcon/TCI Partnership, and the TCI affiliates will have
approximately a 47% ownership interest in the Falcon/TCI
Partnership; and
WHEREAS, a completed FCC Form 394 has been filed with the
City; and
WHEREAS, pursuant to the McCall City Code § 8-9-16, FHGLP
and TCI have requested consent by McCall to the Falcon/TCI
Partnership in accordance with the requirements of the Franchise.
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY
OF McCALL, Valley County, Idaho, as follows:
1. Pursuant to McCall City Code § 8-9-16, the City hereby
consents to the Falcon/TCI Partnership transaction and consents
to the assumption by the Falcon/TCI Partnership of the
obligations under Falcon's Franchise, subject to the terms of the
Franchise and the McCall City Code.
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2. This Resolution shall take effect and be in force from
and after its passage and approval; provided, however, that, if
the transfer between FHGLP, TCI, and Falcon/TCI Partnership does
not occur within one (1) year of the date of this resolution,
this resolution shall become void and the Franchise shall remain
in effect, if at such time the Franchise has not otherwise
terminated.
DATED this 28th day of May, 1998.
CITY OF McCALL
Valley County, Idaho
By
ATTEST:
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Mayor