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84-FFFFA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE NON-EXCLUSIVE LICENSE PREVIOUSLY GRANTED TO SPACELINE OF FLORIDA, LTD., TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH, FLORIDA, TO SPACELINK FUND 2, LTD.; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Spacelink of Florida, Ltd., a Colorado corporation authorized to do business in Florida, has previously requested and been granted a non-exlcusive license to furnish cable television to certain areas of the City of Boynton Beach as set forth in Ordinance No. 83-50, attached hereto as Exhibit "A"; and W/{EREAS, Spacelink of Florida, Ltd., now known as Spacelink of Florida, Inc., is a wholly owned subsidiary of Spacelink, Ltd.; and WHEREAS, Spacelink, Ltd. is creating a new affiliate to be known as Spacelink Fund 2, Ltd.; and WHEREAS, Spacelink of Florida, Inc., has requested approval from the City of Boynton Beach to transfer its franchise to Spacelink Fund 2, Ltd. (see attached Exhibit "B"); and WHEREAS, pursuant to Code provisions, Section 7-26~ Franchise limitations, any transfer of franchise privileges must be done pursuant to City Council approval. NOW, THEREFORE, BE IT RE~OLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLOR[DA: Section 1: The license as heretofore granted to Spacelink of Florida, Ltd., now known as Spacelink of Florida, Inc., as set forth in Exhibit "A" attached hereto, be and hereby is transferred and assigned to Spacelink Fund 2, Ltd., in strict accordance with the terms of said Ordinance, and the provisions of Chapter 7 of the Code of Ordinances of the City of Boynton Beach, Florida. Section 2: This Resolution shall become effective immediately upon passage. 1984. PASSED AND ADOPTED this CITY OF BOYNTON BEACH, FLORIDA MAYOR MAYOR CO~qL~~EMBE R COU~qCIL MEMB~ ATTEST CI~C~L~' (Seal) ORDINANCE NO. ~_~-~'%9 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A NON-EXCLUSIVE LICENSE TO SPACEL!I~ OF FLORIDA, LTD. TO OPERATE A CO~{UNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AP~AS OF THE I~JNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING THE TE~iS OF SAID LICENSE; PROVIDING FOR A REPEALING CLAUSE; PRO- VIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. L~EREAS, SPAC=~iN_, OF FLORIDA LTD. a Colorado corporation authorized to do business in Florida, has requested a non-exclusive easement to furnish cable television to certain areas in the City of Boynton Beach; and WHEREAS, the City Council has determined that it is in the best interest for the municipality to authorize instal- lation of a community antenna television system for the use of residents and inhabitants of said city; and WHEREAS, the application attached'to this ordinance as Exhibit "A" has been reviewed by the City Council; and ~'~EREAS, ~ review of the application is found to be o~=~z~}. +,,~n~ the provisions of Chapter 7A of the coder, co ordi~anae~ for the ~-" ~ ' b±~,. of ~ol~ton ~escn, Fioriea. ~ML~rURL, ~r IT nPe~¥nrn Si inL CITY COUNCIL OF Txr CiTY O? BOYNTON BEACH: ~r~OmiD~: Section i SPACELINR OF ~iAoInP' LTD has submiYted an application for the privilege of conducting coimunity antenna television systems within the City of Boynton Beach ~- {sa~o application is attached hereto as Exhibit "A" of said ordinance and made a part hereof by reference). Said SPACELINR OF FLOR!DA~ LTD. is hereby granted and awarded a non-exclusive license to construct, license, operate and maintain a community antenna television system ~{ithin a certain area of municipa!!imits of the City of Boynton Beach (as described in Exhibit "A" of this ordinance) for a period of twenty (20) years from the effective £ HIBIT date of this ordinance, in strict accordance with the terms and provisions of the aforedescribed application and in strict accordance with the provision of Chapter 7 of the codified ordinance of the City of Bovnton Beach, Florida; which provisions are hereby also adopted by reference and made a part of this ordinance and the license is hereby awarded. · 7t Section 2 That az_ ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion hereof be declared by a Cou?.t of competent jurisdiction to be invalid, such decision shall,. not affect the remainder of this ordinance. Section 4. That this ordinance shall be effective in~mediateiY upon its passage. Section 5. That authority is hereby granted to codify this ordinance. FIRST P~EAD!NG this ~z;J day of ~d~r/z~__-~ SECOND READING PhND FINAL PASSAGE this ~ day of , 1983. ATTEST: (Corp. Seal) '~'Y OF ~OYNzON BEACH, FLORIDA Council He~ber APPLICATION FOR APPROVAL OF FRANCHISE TB3UNSFER Applicant, Spacelink of Florida, inc. hereby requests approval of the transfer of its franchise to Space!ink Fund 2, Ltd., and as Grounds therefore would state: !. Spacelink of Florida, inc. was granted a non-exclusive license to construct, license, operate, and maintain a community anter:na teievJsion system within the municipal limits of the City of Boynton Beach by virtue of O~dinamce ~o. 83-50. 2. Spacel~nk Fund 2, Ltd., is a limited partnership to be formed under the laws of Colorado, and registered .under .the laws cf the State of Florida, which will engage in the acquisition, construction, development and operation of CATV and S~.TV systems primsrS]y Jn Palm Beach County and Pineilas County, Florida. 3. ?he partnership seeks to acquire cable distribution systems from the general partner, Spacelink 2, inc., or its affiliates (Spacelink of Florida, Inc.). The partnership Spaceiink Fund 2, Ltd. seeks to acquire the CATV systems currently providing service to all of the occupants of the Dos Lagos development in Boynton Beach, Florida. . ~. The ?eneral partner of Spaceiink Fund 2, Ltd., the ~ ...... , _ ~ ~ z: !NC ~ a ~.= CO n teflon Ltd., n Co!or,do co,potation, whose pr{ncipal business is the acouisiti~,~,:~ co~:~.u~~,~"~t'~on, and operation ol CATV and SHATV systems._ The fran~h{se' ~' ,~ holder and applicant~ herein, Spacelink of Florida, inc., is also a wholly owned subsidiary of Spacelink, Ltd. 5. Virtually ail of the office~s and directors cf Spacelink 2, !nc., the general partner of Space]ink Fund 2, Ltd., are the same officers and directors of Spacelink, Ltd., the parent companl, of Spaceiink of P!orida, Inc., the franchise holder herein. 6. Based upon the close inter-relation of all of the principals of these companies and the proven performance of the subsidiaries and the pa~ent company, Spacelink, Ltd., Spacelink of Florida, inc., the f~anchise bolder, feels that its application for approval of a t~ansfer of its franchise to Spacelink Fund 2, Ltd., a !i~Jted partnership, sbou!d be 9ranted. Any further information required by the Com~isaJon to approve this Application will zurn~shed upon request. Submitted By: BRACKETT, COOK, SNED, WELC5 & SCOT? Sandra ~. Bosso Attorneys Spaceiink of Florida, inc. P.O. Box 3746~ 2!8 Datura Street '-- West Palm Beach, FL 33402 305/655-863i -2-