HomeMy WebLinkAbout2000-008 TCI Cable RESOLUTION NO. #8-2000
RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO, APPROVING THE TRANSFER OF THE CABLE TELEVISION
FRANCHISE
WHEREAS, TCI Cablevision of Idaho, Inc. ("TCI") owns, operates and maintains a
cable television system (the "System") in the City of Chubbuck, Idaho (the "Franchise
Authority"), pursuant to a cable franchise (the "Franchise"), and TCI is the duly authorized holder
of the Franchise;
WHEREAS, TCI, 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 TCI to Cable
One (the "Transfer") at the closing of the transaction contemplated by the Exchange Agreement
(the "Closing"); and
WHEREAS, TCI 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 Franch/se Authority has investigated the qualifications of Cable One and
finds it to be a suitable transferee.
NOW, THEREFORE, BE IT RESOLVED BY THE F1L~NCHISE AUTHORITY
AS FOLLOWS:
SECTION 1. The Franchise Authority hereby consents to and approves, subject to
applicable law, the assignment by TCI of its right, title and interest in the Franchise to Cable One,
and the assumption by Cable One of the obligations of TCI 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 December 10, 2013; (b) TCI 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.
SECTION 3. This Resolution shall be deemed effective for purposes of the Transfer
upon the Closing.
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PASSED, ADOPTED AND APPROVEDJ. I~isl 2THday of SEPTEMB~)00.
IOHN O. (ZO'i'A'NT ~ FIA¥Ot{
ATTEST:
Clerk
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I, the undersigned, being the duly appointed, qualified and acting Clerk of the City of Chubbuck,
Idaho, hereby certify that the foregoing Resolution No. 8- 2 0 0 Cls a true, correct and accurate
copy as duly and lawfully passed and adopted by the governing body of the City on the 1 2TUay of
Clerk, RON C. CONLIN
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