87-016 RES
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EXHIBIT A
RESOLUTION 87-16
A RESOLUTION AUTHORIZING THE ASSIGNMENT AND
TRANSFER OF A CABLE COMMUNICATIONS FRANCHISE
TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM.
WHEREAS, the City of Elk River has granted a cable
communications franchise (hereinafter "Franchise") to construct,
operate and maintain a cable communications system within the
City to Rite Cable Company of Minnesota, Ltd. (hereinafter
"Rite"); and
WHEREAS, Jones Intercable, Inc., a Colorado corporation, has
agreed to purchase the assets of the cable communications system
of Rite; and
WHEREAS, Jones Intercable, Inc., (hereinafter "Jones") has
requested the City to approve the assignment and transfer of the
Franchise from Rite to Jones and/or one or more of its controlled
affiliates:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY AS FOLLOWS:
1. The City hereby accepts the recommendation of the
Sherburne/Wright County Cable Communications commission II that
the technical ability, financial condition and legal
qualifications of Jones as those qualifications apply to the
acquisition and operation of the cable communications system are
acceptable.
2. The assignment and transfer of the Franchise to
construct, operate and maintain a cable communications system
from Rite to Jones and/or one or more of its controlled
affiliates is approved and confirmed by the City effective upon
the date of the sale of Rite's cable communications system to
Jones, and subject to. Jones supplying documentation satisfactory
to Commission that Jones as general partner of the controlled
affiliate, if and when an assignment and transfer is made to a
controlled affiliate, will be obligated to perform all franchise
obligations.
3. In the event that Jones and/or one or more of its
controlled affiliates desires to grant a security interest or
interests in any or all of its rights, duties and obligations
under the Franchise and the cable communications system to its
lender or lenders as may be designated by Jones, the city hereby
consents to such grant of such security interest(s).
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4. The City hereby certifies that the Franchise is in full
force and effect and that Rite is not in default under any of the
terms or provisions of the Franchise.
5. The city hereby waives any right of first refusal to
purchase the cable communications system but only as that right
of first refusal applies to the transaction now before the city.
6. The city approval set forth herein is subject to:
A. The closing of the sale of Rite's cable
communications system to Jones.
B. Jones and/or one or more of its controlled
affiliates shall, within thirty (30) days after the closing
set forth above, accept the Franchise in form and substance
acceptable to the Sherburne/Wright Counties Cable
Communications commission II (hereinafter "Commission"),
unless the time for acceptance is extended by the
Commission.
C. Jones shall deliver to the Commission any
performance bond and letter of credit required under the
Franchise.
D. Jones shall furnish to the Commission certificates
of insurance in accordance with the requirements of the
Franchise.
7. In the event Jones fails to close on the sale of Rite's
cable communications system on or before June 30, 1987, this
Resolution and any or all approvals set forth herein shall be
null and void unless said date is further extended by the
Commission.
Passed and approved this 16th day of March
1987.
CITY OF Elk River
By ~:-;/~f/~7;-- ~~ {d lf~jJ
Its Estelle E. Gllnkpl) Mayor
By ~~_A".P O~~
Its Patrick D. Kl~pr~) r.jry Administrator
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'.~ IDENTIFICATION OF TRANSFEREE
Name ot Transferee .
Address ot Transteree
Telephone
Date
Jones Intercable. Inc. and/or one or more
of its controlled affiliates
9697 East Mineral Avenue
(Street)
En~lewoodt CO 80112
(City, State, Zip Code)
1/800-525-7002 or 303/792-3111
(Area Code/Number)
February 17, 1987
Please give name and telephone number of principal to whom
inquiries should be made:
Name
Telephone
Authorized Signature
Date
Mr. Patrick J. Lombardi
1/8
Patrick
February
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