HomeMy Public PortalAboutRES2000-01_Transfer of Cable TV Franchise_11152000RESOLUTION NO. 400 - 1
RESOLUTION OF THE MAYOR AND THE COUNCIL OF THE CITY OF IONA,
IDAHO, APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE
WHEREAS, Upper Valley Telecable Company, Inc. ("Upper Valley") owns, operates
and maintains a cable television system (the "System") in the City of Iona, Idaho (the "Franchise
Authority"), pursuant to an Ordinance entitled "An Ordinance Granting to Upper Valley, its
Successors and Assigns, the Right and Privilege to Construct, Erect, Operate and Maintain Over
and Under the Streets, Alleys and Public Ways of the City, Wires, Cables and Underground
Conduits, and to Conduct and Operate a Community Antenna Television System in the City, and
Providing the Terms, Conditions and Regulations Thereto" (the "Franchise"), and Upper Valley is
the duly authorized holder of the Franchise;
WHEREAS, Upper Valley, 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 Upper Valley to
Cable One (the "Transfer") at the closing of the transaction contemplated by the Exchange
Agreement (the "Closing"); and
WHEREAS, Upper Valley 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 a 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 Upper Valley of its right, title and interest in the Franchise to
Cable One, and the assumption by Cable One of the obligations of Upper Valley 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 31, 2009; (b) Upper Valley 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 for purposes of the Transfer
upon the Closing.
PASSED, ADOPTED AND APPROVED this /.S day ofd , 2
By:
***********************
I, the undersigned, being the duly appointed, qualified and acting Clerk of the City of Iona, Idaho,
hereby certify that the foregoing Resolution No. rkto-1 is a true, correct and accurate copy as
duly and lawfully passed and adopted by the governing body of the City on the 15- day of n W
2000.
By:
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