Resolution - 2000 - 09 - Approving Transfer Of The Cable Television Franchise - 09/12/2000
RESOLUTION 00-09
RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, APPROVING THE TRANSFER OF THE CABLE TELEVISION
FRANCHISE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, United Cable Television Corporation ("United") owns, operates and
maintains a cable television system ("System") in the City of Eagle, Idaho (the "Franchise
Authority"), pursuant to a cable franchise ("Franchise"), and United is duly authorized
holder of the Franchise;
WHEREAS, United, various affiliates of AT&T Corp. and Cable One, Inc.
("Cable One") are parties to an Asset Exchange Agreement dated as of August 3,2000
(the "Exchange Agreement"), that provides for the transfer of the System and the
Franchise from United to Cable One (the "Transfer") at the closing of the transaction
contemplated by the Exchange Agreement (the "Closing"); and
WHEREAS, United and Cable One have requested consent by the Franchise
Authority to the Transfer in accordance with the requirements of the Franchise and have
filed an FCC form 394 with the Franchise Authority; and
WHEREAS, the Franchise Authority has investigated the qualifications of Cable
One and finds it to be suitable transferee.
NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE
AUTHORITY AS FOLLOWS:
SECTION 1. The Franchise Authority hereby consents to and approves, subject
to applicable law, the assignment by United of its right, title and interest in the Franchise
to Cable One, and the assumption by Cable One of obligations of United under the
Franchise which arise from events or circumstances occurring from and after the Closing.
SECTION 2. The Franchise Authority confirms that: (a) the Franchise is
currently in full force and effect and expires on September 30,2012; (b) United is
materially in compliance with the provisions of the Franchise; and (c) there exists no fact
or circumstance known to the Franchise Authority which constitutes or which, with the
passage of time or the giving of notice or both, would constitute a material default or
breach under the Franchise or would allow the Franchise Authority to cancel or terminate
the rights thereunder, except upon the expiration of the full term of the Franchise.
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SECTION 3. This Resolution shall be deemed effective upon its passage and
approval and only after the transfer and upon closing.
PASSED, ADOPTED AND APPROVED this Ith day of September, 2000.
CITY OF EAGLE
Ada County, Idaho
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MAYOR
ATTEST:
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CITY CLERK/TREXS1JttðR
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I, the ð~tr~igp.~tf,~iI~~he duly appointed, qualified and acting Clerk ofthe City of
Eagle, I"k<a-~¡,tertify the foregoing Resolution No. 00-09 is a true, correct and
accurate copy as duly and lawfully passed and adopted by the governing body of the City
of Eagle on the Ith day of September, 2000.
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SHARbN K. MOORE,
CITY CLERK/TREASURER
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