R98-173RESOLUTION NO. R98-/~'~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA CONSENTING TO THE
ASSIGNMENT OF A COMMUNITY ANTENNA TELEVISION
SYSTEM FRANCHISE FROM TELE-MEDIA COMPANY OF
SOUTHEAST FLORIDA, A FLORIDA GENERAL PARTNERSHIP
(COLLECTIVELY "TELE-MEDIA'~ , TO NATIONAL CITY
ACQUISITION ASSOCIATES, L,P,, A DELWARE LIMITED
PARTNERSHIP (''NATIONAL GABLE'd; AND PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the City Commission of the City of Boynton Beach, Florida (the
"Franchising Authority'O ordained and enacted a certain Ordinance, dated July 17, 1984, (the
"Franchise") granting a nonexclusive franchise to operate and maintain a community
antenna television (''CATV'') system within the City of Boynton Beach, Florida and its
environs; and
WHEREAS, the rights under the Franchise are now held by Tele-Media Company
of Southeast Florida, Inc., a Florida corporation ("TMCSEF'O; and
WHEREAS, pursuant to Chapter 7(A), Section 7-26(d), of the Franchise, the
approval of the Franchising Authority is required to transfer the Franchise; and
WHEREAS, TMCSEF is seeking the consent of the Franchising Authority for (i) the
assignment of the Franchise to Tele-Media Company of Southeast Florida, a Florida general
partnershiP, Tele-Media Investment Partnership, L.P., a Delaware limited partnership
(collectively "Tele-Media'~), and (ii) promptly thereafter the assignment of the Franchise by
Tele-Media to National City Acquisition Associates, L.P., a Delaware limited partnership
(''National Cable''); and
WHEREAS, pursuant to the Cable Television Consumer Protection and Competition
Act of 1992 (''1992 Cable Act'S, Tele-Media and the Partnership have submitted to the
Franchising Authority a Form 394 - Application for Franchise Authority Consent to
Assignment or Transfer of Control of Cable Television Franchise; and
WHEREAS, the Franchising Authority is willing to consent to the assignment of the
Franchise by TMCSEF to Tele-Media and by Tele-media to National Cable.
NOW, THEREFORE, BE ~ RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORZDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby authorize the transfer by TMCSEF to Tele-Media of all of TMCSEF's right, title and
interest in, and duties and obligations arising under the Franchise.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authoriZe the transfer by Tele-Media to National cable of all of Tele-Media's dght~ title
and interest in, and duties and obligations arising under the Franchise.
Section 3. The City Commission of the City of Boynton Beach, Florida has
received with this resolution the required FCC Form 394 - Application for Franchise Authority
Consent to Assignment or Transfer of Control of Cable Television Franchise, and other
documentary materials required by FCC regulations, state law, or as required by the
Franchise.
Section 4.
hereby confirm:
The City Commission of the City of Boynton Beach, Florida does
(a) that the Franchise was duly enacted and properly granted, is in
accordance with all state and local laws and is validly existing, legally enforceable and in full
force and effect; (b) that TIvlCSEF is the holder of all dght, title and interest thereunder; and
(c) that there exists no fact or circumstance which with-the passage of time or giving of
notice or both would constitute a default under such the Franchise or would permit the
Franchising Authority to cancel or terminate the rights under the Franchise, except upon
expiration of the full term thereof; and (d) the present term of the Franchise expires July 17,
2004.
Section 5. The City Commission of the City of Boynton Beach, Florida does
hereby approve this assignment, mortgage, pledge or other encumbrance of the assets of
National Cable, including the Franchise, as collateral of any loan to or financing of the
Partnership.
Section 6. This Resolution shall take effect and be in force from the earliest
period allowed by law.
PASSED AND ADOPTED this =.~ day of Octoberf :L998.
C:~-I'Y OF BOYNTON FLORTDA
Mayor
erk
Commissioner
Assignment