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HomeMy WebLinkAboutR-01-38 RESOLUTION NO. R-01-38 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE TRANSFER OF FALCON CABLE MEDIA, A CALIFORNIA LIMITED PARTNERSHIP A!K/A CHARTER COMMUNICATIONS, INe., A DELAWARE CORPORATION, SYSTEM AND FRANCHISE TO TCI CABLEVISION OF MISSOURI, INC., PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, on December 16, 1998, the City of Sebastian approved Ordinance No. 0-98-21 granting a franchise to Falcon Cable Media, a California limited partnership; and WHEREAS, under section 13 of said Franchise, any transfer of the Franchise must be approved by the City, which approval cannot be unreasonably withheld; and WHEREAS, on May 26, 1999, the parent companies of Falcon Cable Media sold their interests to Charter Communications, Inc., a Delaware corporation, which transfer was approved by the City; and WHEREAS, Charter proposes to transfer its interest in the Franchise to TCI Cablevision of Missouri, Inc., and the City has been provided with exhaustive documentation on the said transaction; and WHEREAS, the City finds no reasonable basis to withhold approval of the transfer. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. APPROVAL. The City Council of the City of Sebastian hereby grants approval to the transfer of the Franchise granted under Ordinance No. 0-98-21 from Charter Communications, Inc., a Delaware corporation, to TCI Cablevision of Missouri, Inc., as set forth in the Asset Purchase Agreement dated February 26, 2001 based upon the assumption of the duties and obligations of the Franchisee under Ordinance 0-98-21 by TCI Cablevision of Missouri, Inc., Section 2. CONFLICTS. All resolutions or parts of resolutions m conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 4<<- The foregoing Resolution was moved fo~ a~~ption y Councilmember The motion was seconded by Councilmember j/ r h and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward 1. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of May, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W~ '&{JArr-W Mayor Walter Barnes c:::: Approved as to form and legality for relia ~ t ~~ Sebastllin only Rich tringer, City Atto