HomeMy Public PortalAboutRES-CC-2002-06RESOLUTION NO 06-2002
RESOLUTION OF THE CITY OF MOAB, UTAH APPROVING A TRANSFER OF
THE CABLE TELEVISION FRANCHISE
WHEREAS, Peak Cablevision, L.L C (the "Transferor") owns a cable television system
(the "System") in the City of Moab, Utah (the "Franchise Authonty"), pursuant to a
franchise granted by the Franchise Authonty (the "Franchise"), and the Transferor is the
duly authonzed holder of the Franchise, and
WHEREAS, the Transferor and Precis Communications, LLC (the "Transferee") are
parties to an Asset Purchase Agreement (the "Purchase Agreement'), dated January 15,
2002, pursuant to which the Transferor has agreed to transfer all or substantially all of the
assets of the System, including the Franchise, to the Transferee (the "Transfer"), and
WHEREAS, the Transferor and the Transferee have requested the consent of the
Franchise Authonty to the Transfer in accordance with the requirements of the Franchise
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF MOAB FOLLOWS
SECTION 1 The Franchise Authonty hereby consents to the Transfer, all in accordance
with the terms of the Franchise
SECTION 2 The Franchise Authonty confirms that (a) the Franchise was properly
granted or transferred to the Transferor, and (b) the Franchise represents the entire
understanding of the parties and the Transferor has no obligations to the Franchise
Authonty other than those specifically stated in the Franchise
SECTION 3 The Franchise Authonty hereby consents to and approves the assignment,
mortgage, pledge or other encumbrance, if any, of the Franchise, the System, or assets
relatmg thereto, as collateral for a loan
SECTION 4 This Resolution shall be deemed effective upon the consummation of the
Transfer contemplated by the Purchase Agreement.
SECTION 5. This Resolution shall have the force of a continuing agreement with the
Transferee, and the Franchise Authonty shall not amend or otherwise alter this
Resolution without the consent of the Transferor and the Transferee
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO
HEREBY RESOLVE TO APPROVE THE TRANSFER OF THE CABLE FRANCHISE
FROM PEAK CABLEVISION TO PRECIS COMMUNICATIONS
Resolution 06-2002 Page 1 of 2
This resolution shall take effect unmediately upon passage
Passed and adopted by action of the Governing Body of Moab City in open
session this 26111day of March, 2002
David L Saknson
Mayor
Attest
act -Lail Yeiji,L.„
Rachel Ellison
City Recorder
Resolution 06-2002 Page 2 of 2