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Home My Public Portal AboutResolution 35-89 Granting a franchise to operate a cable television system to Cablevision of McCall Inc.RESOLUTION NO. 35-89 WHEREAS, the City of McCall, Idaho (the "City") granted a franchise to operate a cable television system in McCall, Idaho to Cablevision of McCall, Inc. pursuant to Ordinance No. 414 dated December 1, 1980; and WHEREAS, Ordinance No. 414 as amended from time to time together with the benefits, rights and priveleges, and all the duties, obligations and responsibilites and other terms and conditions provided for in said Ordinance No. 414, as amended, is hereinafter referred to as the "Franchise"; and WHEREAS, in 1986, the City granted its consent to the transfer and assignment of the Franchise to Snake River Valley Cablevision Limited Partnership ("assignor");and WHEREAS, the terms and conditions of the Franchise require that the sale or transfer of the Franchise may not be consummated without the prior approval of the City; and WHEREAS, Assignor has requested permission from the City to transfer and convey its rights and obligations under the Franchise to Snake River Valley Cablevision Limited Partnership, a Colorado limited partnership ("Assignee"); and. WHEREAS, Assignee will finance the acquisition of the cable television systems from Assignor by a loan or loans with a lender or lenders which will be secured by a lien(s) on all of the cable television assets to be purchased, including the Tranchise; and WHEREAS, Assignee has requested permission from the City to mortgage, encumber, and pledge in favor of its lenders the assets, including the Franchise, that it is acquiring from the .Assignor. NOW, THEREFORE, be it resolved by the City Council of the City of McCall, Idaho as follows: 1. The City hereby approves and consents to the transfer, assignment, sale and conveyance by Assignor to Assignee of all rights, benefits and priveleges, together with all the duties, obligations and responsibilities in whole, provided for in the Franchise. 2. The City hereby approves and consents to the mortgage, encumbrance, and pledge of the assets to be acquired by Assignee, including the Franchise, to. its lender or lenders. 4528D 3. The City hereby confirms that Assignor is the current, lawful holder of the Franchise and that the Franchise was validly issued and is currently in full force and effect.; that there exists no default under or violation of the Franchise; that no event has occurred which, except for the failure to give notice or the passage of time or both, would lead to a default; and that the appropriate officials of the City be, and each of them hereby is, authorized, empowered and directed to execute and deliver on behalf of the City, a Consent to the effect set forth in this Resolution. 4. A11 other provisions of the Franchise shall, and they hereby do, remain in full force and effect. Dated: �--c-e-i-LA- 1 i , 1989 Adopted at a meeting of the City Council of the, held on / C �0u., a j , 1989. CITY OF MCCALL, IDAHO Title: -lam 61°, ��6 (zc CONSENT Pursuant to the Resolution No.35LL7 adopted on /�ou,aj /90 the undersigned, City of McCall, Idaho (the "City"), hereby consents to the assignment, sale, transfer and conveyance by Snake River Valley Cablevision Limited Partnership (the "Assignor") to Sagebrush Cable Limited Partnership, a Colorado limited partnership (the "Transferee"), of the Franchise granted by the undersigned to Cablevision of McCall, pursuant to Ordinance No. 414 adopted in 1986 (as heretofore amended, the "Franchise") and the City .hereby further consents to the mortgage, pledge and encumbrance by Assignee of its assets in favor of its lenders. The undersigned hereby confirms that the Assignor is the current, lawful holder of the Franchise, and that the. Franchise was validly issued and is currently in full force and effect, without default hereunder. DATED: By: Name: r-lg�i,/ J, I/�ew , 1989 Title: rig c a (R 4528D c ritx-/0 TZ- ci( CO vive4L-- CITY OF McCALL P.O. Box 1065 McCall, Idaho 83638 (208) 634-7142 SUBJECT 0-‘J at;( .a4-Fecrk4riec4-<f-- MESS GE DEPARTMENT DATE DEPA1TMINT ///0/g1/7 , /.1't 7X(24 ct-A--, rad (54-4,--g4A-4-4 kx-e— /e-crta, 7e-d, ce afi aictich-er;7,,, dfc.;/C (eueli-opt tef GL.t ba_zi)e- r 5 SIGN„ REPLY DATE OF, REPLY REPLY TO kid 7--1) (LA SIGNED C2' � REPLY • _lO: yvvA,y t9 re__ ca U At I L-- • SUBS/JECT MESS GE c rorn: CITY OF McCALL P.O. Box 1065 McCall, Idaho 83638 (208) 634-7142 DATE It/�o/g1/7 DEPARNT 4l/P/1 2Z:a i ice► ec- /Ze 0-40-1 1am. 78 l � -/�/�j� �- 710 1-e d-t A /-/ "- _, 74--; n SIGNED DATE OF REPLY REPLY TO DEPARTMENT SIGNED RESOLUTION NO. 35-89 WHEREAS, the City of McCall, Idaho (the City) granted a franchise to operate a cable television system in McCall, Idaho to Cablevision of McCall, Inc. pursuant to Ordinance No. 414 dated December 1, 1980; and WHEREAS, Ordinance No. 414 as amended from time to time together with the the benefits, rights and privileges, and all the duties, obligations and responsibilities and other terms and conditions provided for in said Ordinance No. 414, as amended, is hereinafter referred to as the "Franchise"; and WHEREAS, in 1986, the City granted its consent to the transfer and assignment of the Franchise to Snake River Valley Cablevision Limited Partnership ("Assignor"); and WHEREAS, the terms and conditions of the Franchise require that the sale or transfer of the Franchise may not be consummated without prior approval of the City; and WHEREAS, Assignor has requested permission from the City to transfer and convey its rights and obligations under the Franchise to Sagebrush Cable Limited Partnership, a Colorado limited partnership ("Assignee"); and WHEREAS, Assignee will finance the acquisition of the cable television systems from Assignor by a loan or loans with a lender or lenders which will be secured by a lien(s) on all of the cable television assets to be purchased, including the Franchise; and WHEREAS, Assignee has requested permission from the City to mortgage, encumber, and pledge in favor of its lenders the assets, including the Franchise, that it is acquiring from the Assignor. NOW, THEREFORE, be it resolved by the City Council of the City of McCall, Idaho as follows: 1. The City hereby approves and consents to the transfer, assignment, sale and conveyance by Assignor to Assignee of all rights, benefits and privileges, together with all of the duties, obligations and responsibilities in whole, provided for in the Franchise. 2. The City hereby approves and consents to the mortgage, encumbrance, and pledge of the assets to be acquired by Assignee, including the Franchise, to its lender or lenders. 3. The City hereby confirms that Assignor is the current, lawful holder of the Franchise and that the Franchise was validly issued and is currently in full force and effect; that there exists no default under or violation of the Franchise; that no event has occurred which, except for the failure to give notice or the passage of time or both, would lead to a default; and that the appropriate officials of the City be, and each of them hereby is, authorized, empowered and directed to execute and deliver on behalf of the City, a Consent to the effect set forth in this Resolution. 4. All other provisions of the Franchise shall, and they hereby do, remain in full force and effect.. Dated: �-� , 1989 Adopted at a m ting of the City Council of the held on x'' %%Cf./e:vn/ o�? 7 , 1989. CITY OF McCALL, IDAHO By: Title: -eesQ_J, `V CONSENT Pursuant to the Resolution No. 35-89 adopted on 2§2:/ /if, the undersigned, City of McCall, Idaho (the "City"), hereby consents to the assignment, sale, transfer and conveyance by Snake River Valley Cablevision Limited Partnership (the "Assignor") to Sagebrush Cable Limited Partnership, a Colorado limited partnership (the "Transferee"), of the Franchise granted by the undersigned to Cablevision of McCall, pursuant to Ordinance. No. 414 adopted in 1986 (as heretofore amended, the "Franchise") and the City hereby further consents to the mortgage, pledge, and encumbrance by Assignee of its assets in favor of its lenders. The undersigned hereby confirms that the Assignor is the current, lawful holder of the Franchise, and that the Franchise was validly issued and is currently in full force and effect, without default hereunder. DATED: �?ye 7 ,z 695:- , 1989 BY: NAME //,gw , TITLE: