HomeMy WebLinkAbout50984 - AGREE/CONT - Agreements/ContractsRESOLUTION 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HEREWITH BE REPEALED TO THE EXTENT OF SUCH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 Cable TV, Inc. has requested that the
City of Dania consent to the transfer of the Franchise and the sale of
the City of Dania cable television system to Jones Intercable, Inc., a
Colorado corporation ("JIC"), or any limited partnership or
partnerships of which Jones Intercable, Inc. is a general partner, or
any joint venture or general partnership of which Jones Intercable,
Inc. or any such limited partnership or partnerships is a constituent
partner, or to any other entity controlled by, controlling or under
common control with Jones Intercable, Inc. (any such entity being
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
to Jones Intercable, Inc.
NOW, 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
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.
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.
APPROVED AS TO FORM AND CORRECTNESS:
FRANK C. ADLER, CITY ATTORNEY
Resolution No. 01-88