HomeMy Public PortalAboutResolution 35-92 Approving the transfer and assignment of a cable television franchise from Sagebrush Cable Limited Partnership to Falcon Video Communications //
ry RESOLUTION NO. " J
• A Resolution
Approving The Transfer And Assignment Of A Cable
Television Franchise From Sagebrush Cable Limited Partnership
To Falcon Video Communications, L.P.
WHEREAS, Sagebrush Cable Limited Partnership (the
"Franchisee") operates a cable television system in McCall, Idaho
(the "City") , pursuant to a valid existing franchise (the
"Franchise") originally granted by the City pursuant to Ordinance
No. 414, dated December 1, 1980, the terms and conditions of which
Franchise, as amended, are in full force and effect as of the date
of this Resolution; and
WHEREAS, in 1986, the City granted its consent to the
transfer and assignment of the Franchise to Snake River Valley
Cablevision Limited Partnership; and
WHEREAS, pursuant to Resolution No. 35-89, dated December
28, 1989, the City granted its consent to the transfer and
assignment of the Franchise to the Franchisee; and
WHEREAS, the Franchisee has entered into an agreement
providing for the sale, assignment and transfer of the assets of
1111 its cable television system as well as its rights and obligations
under the Franchise to Falcon Video Communications, L.P.
("Falcon") ; and
WHEREAS, the Franchisee is not in default of any of its
obligations under the Franchise; 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, the Franchisee has requested that the . City
approve the transfer of the Franchise to Falcon; and
WHEREAS, Falcon has shown that it possesses the
financial, technical and legal qualifications to operate the cable
system in McCall, Idaho;
NOW, THEREFORE, BE IT RESOLVED THAT:.
1. The transfer and assignment of the Franchise from
the existing Franchisee to Falcon is approved effective as of the
period from and after the consummation of the sale and transfer of
the Franchisee's assets to Falcon, its successors and assigns.
1•-
2. Approval is also
PP granted for the assignment of a
security interest in the cable television system, its assets or the
• Franchise in connection with the financing and operation of the
cable television system.
3 . The City hereby affirms that, as of the date of this
Resolution, the Franchisee is the current, lawful holder of the
Franchise, the Franchise was validly issued and remains in full
force and effect and no event has occurred which, except for the
failure to give notice or the passage of time or both, would
constitute a breach or noncompliance or default by the Franchisee
under the terms of the Franchise.
PASSED AND APPROVED by the City Council of the City of
McCall, Idaho, this -222f5day of �� ��ff , 1992.
///
By: -.✓
Its: //MM
The undersigned, being the duly appointed and qualified
Clerk of the City Council of the City of McCall, Idaho, hereby
certifies that the foregoing Resolution No. 33 -Y Z is a true,
1110 correct and accurate copy of Resolution No. 35---- 9 2 duly and
lawfully passed and adopted by the City Council on the .27'7'6 day of
, 1992 .
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