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HomeMy WebLinkAboutR-1988-01 RESOLUTION NO. 01-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE TRANSFER OF AND THE GRANT OF A SECURITY INTEREST IN THE NON-EXCLUSIVE CABLE TELEVISION FRANCHISE IN THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No . 25, adopted on final reading on May 7, 1973, as amended by Ordinance No. 19, adopted on final reading on August 23, 1983 (the "Franchise" ) , the City of Dania, Florida , granted a non-exclusive cable television franchise to Florida Gold Coast Cable TV, Inc . ; and WHEREAS, Florida Gold Coast Ca !— � � t the City of Dania consent to the trans ale of n the City of Dania cable television �� 1c . , a Colorado corporation ( "JIC" ) , or ar b partnerships of which Jones Interca or any joint venture or general partne j e , Inc. or any such limited partnershil / ti• lent � F q partner, or to any other entity cont y ..0 common control with Jones Intercable -V �` _..,.�,.y oeing referred to as an Affiliate of JIC" ) ; and WHEREAS, JIC has requested that the City of Dania consent to the grant of a security interest or interests in all rights , powers and privileges of the Franchise and all of its other assets to such lending institution or institutions as may be designated by JIC and/or any Affiliate of JIC. ; and WHEREAS, Buford Television Inc. will effect two merges simultaneous with the closing of the sale of the assets of Florida Gold Coast Cable TV, Inc . to Jones Intercable, Inc . ; specifically Florida Gold Coast Cable TV, Inc. , the franchise holder in Dania d/b/a Broward Cable- vision, will be merged into its parent Broward County TV, Inc . which in turn will be merged in its parent Buford Television, Inc . These merges will only be effective and are contingent upon the closing of the sale J to Jones Intercable, Inc. fNOW, THEREFORE, be it resolved by the City Commission of the City of Dania, Florida: Section 1 . That the City Commission of the City of Dania, Florida, does hereby consent to the transfer of the Franchise from Florida Gold Coast Cable TV, Inc. to JIC and/or any Affiliate of JIC, which transfer shall be effective from and after the closing of the transaction contemplated by that certain Asset Purchase Agreement dated November 23, 1987, by and among Buford Television, Inc. , Broward Cable T. V. , Inc. , Florida Gold Coast Cable TV, Inc. , Cooper City Cable TV, Inc. and Jones Intercable, Inc . , which is incorporated herein by reference, and hereby consents to any subsequent transfers of the Franchise to JIC or any Affiliate of JIC, any such transfer to be effective upon written notice thereof to the City of Dania from the then grantee . Section 2. That the City Commission of the City of Dania, Florida, does hereby consent to the grant by JIC and/or any Affiliate of JIC who may hold the Franchise of a security interest in all such rights , powers and privileges under the Franchise and all of its other assets Yr' to such lending institution or institutions as may be designated by JIC or any Affiliate of JIC, which institution (s ) shall have all the rights and remedies of a secured party under the applicable Uniform Commercial Code . F Section 3 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 4 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 26th day of January , 1988. ATTEST: VICE- AY R - COMMISSIONER CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS : FRANK C . ADLER, CITY ATTORNEY Resolution No . 01-38