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
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