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Res 2000-31 RESOLUTION NO. 31 -2000 A RESOLUTION PROVIDING FOR THE CHANGE IN CONTROL OF A CABLE TELEVISION FRANCHISEE WHEREAS, the City of Fridley("Franchising Authority")has granted a franchise to a subsidiary (the "Franchisee") of Time Warner Inc. ("TWI")to provide cable television service; and WHEREAS, TWI and America Online, Inc. ("AOL") have entered into an Agreement and Plan of Merger(the "Merger Agreement")dated as of January 10,2000; and WHEREAS, the Merger Agreement will result in a stock-for-stock merger(the "Transaction") in which TWI and AOL will merge with subsidiaries of a newly formed holding company; and WHEREAS, as a result of the Transaction both TWI and AOL will become wholly owned subsidiaries of the new company, AOL Time Warner Inc.; and WHEREAS, the Franchising Authority has concluded the Transaction will result in a change of control of the Franchisee; and WHEREAS, the Franchising Authority conducted a public hearing on March 20, 2000, to assess the effect of the proposed transfer of ownership between TWI and AOL; and WHEREAS, the Franchising Authority has been assured by representatives from TWI that the transfer of ownership would cause no interruption in service or adverse impact on customers; NOW, THEREFORE,BE IT RESOLVED BY THE FRANCHISING AUTHORITY: 1. To the extent required under the terms of the Franchise, the Franchising Authority authorizes and consents to any change in control of the Franchisee resulting from the Transaction. 2. The Franchisee shall remain responsible for all obligations under the Franchise. 3. The foregoing consent shall be effective upon the closing of the Transaction. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OR APRIL, 2000. r -c 02 o.'L/ N•i CY /J P'' G S fi -MAYOR ATTEST: cky, zc, (i.,,y/2,.„,0,../ DEBRA A. SKOGEN- CJY CLERK 3S