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1d. Approve Resolution Acknowledging the Transaction of Mediacom0 CITY OF CHANgASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227,1180 Fax: 952.227.1190 Engineering Phone: 952227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Mayor & City Council FROM: Todd Gerhardt, City Manager DATE: January 24, 2011 0& . SUBJ: Approve Resolution Acknowledging the Transaction of Mediacom PROPOSED MOTION: "The city council approves the Resolution Acknowledging the Transaction of Mediacom and does not object to its sale." Approval requires a simple majority vote of the council. BACKGROUND Mediacom has informed the city that JMC Communications, LLC (owned by Rocco Commisso) has purchased all of Mediacom's shares and Mr. Commisso is the sole owner of Mediacom. The city attorney has reviewed the attached resolution and recommends the city council acknowledge the transaction with no objection to the sale. ATTACHMENT 1. Resolution Acknowledging the Sale. g: \admin \tg \mediacom transaction 1 -24 -I Ldoc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION NO: MOTION BY: SECONDED BY: A RESOLUTION ACKNOWLEDING TRANSACTION WHEREAS, The City of Chanhassen, Minnesota ( "Franchising Authority ") granted a cable television Franchise to Mediacom Minnesota LLC ( "Franchisee "); and WHEREAS, Franchisee has informed the City that on November 12, 2010, the ultimate parent of Franchisee, Mediacom Communications Corporation ( "Mediacom "), executed an Agreement and Plan of Merger (the "Merger Agreement "); WHEREAS, Franchisee has informed the City that under the term as of the Merger Agreement, JMC Communications LLC, an entity owned and controlled by Mediacom's Chairman and CEO, Rocco Commisso, will be merged with and into Mediacom and Mediacom shall survive the merger (the "Transaction "); WHEREAS, Franchisee has informed the City that as a result of the Transaction, all of Mediacom's shares held by the public shareholders will be purchased by Mr. Commisso who will then be the sole owner of Mediacom; WHEREAS, Franchisee has informed the City that immediately before and after the Transaction, Mr. Commissio will control Mediacom; and NOW, THEREFORE, BE IT RESOLVED BY FRANCHISING AUTHORITY: Section 1. The Franchising Authority hereby acknowledges the Transaction and does not object to it. Passed and adopted by the Chanhassen City Council this day of ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT WCSR 4499427v2 CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I, Todd Gerhardt, duly appointed and acting City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2010- Approving Carver County Resolution 27 -10 adopted on , 2010, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this day of , 2010. Todd Gerhardt, City Clerk WCSR 4499427v2