HomeMy Public PortalAboutResolution 06-25 Cable Television Franchise TransferRESOLUTION NO. 06-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO,
APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Falcon Video Communications, L.P. ("Falcon") owns, operates and
maintains a cable television system (the "System") in the City of McCall, ID (the
"Franchise Authority"), pursuant to a cable franchise (the "Franchise"), and Falcon is
the duly authorized holder of the Franchise;
WHEREAS, Falcon and Cable One, Inc., ("Cable One") are parties to an Asset
Purchase Agreement dated as of October 23, 2006 (the "Purchase Agreement"), that
provides for the transfer of the System and the Franchise from Falcon to Cable One
(the "Transfer") at the closing of the transaction contemplated by the Purchase
Agreement (the "Closing"); and
WHEREAS, Falcon and Cable One have requested consent by the Franchise
Authority to the Transfer in accordance with the requirement of the Franchise; 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 MAYOR AND COUNCIL OF THE
CITY OF MCCALL (the "Franchise Authority"), Valley County, Idaho that:
SECTION 1. The Franchise Authority hereby consents to and approves, subject to
applicable law, the assignment by Falcon of its right, title and interest in the
Franchise to Cable One, and the assumption by Cable One of the obligations of
Falcon 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; (b) Falcon 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.
SECTION 4. The Franchise Authority releases Falcon, effective upon the Closing,
from all obligations and liabilities under the Franchise that accrue after the Closing;
RESOLUTION 06-25
Cable Television Franchise
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provided that Cable One shall be responsible for any obligations and liabilities under
the Franchise that accrue after the Closing.
SECTION 5. This Resolution shall have the force of a continuing agreement with
Falcon and Cable One, and Franchise Authority shall not amend or otherwise alter
this Resolution prior to the Closing without the consent of Falcon and Cable One.
SECTION 6: EFFECTIVE DATE: This Resolution shall be in full force and effect
immediately upon passage.
Passed and approved this q day of November, 2006.
CITY OF MCCALL
Valley County, Idaho
Wiliam A. Robertson, Mayor
ATTEST:
Joahhe E. York, CitY Zlerk
RESOLUTION 06-25
Cable Television Franchise
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