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R93-472 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. R93-47 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO THE TRANSFER OF THE NON-EXCLUSIVE CABLE TELEVISION LICENSE PREVIOUSLY AWARDED TO NATIONAL CABLE LTD., PUP~UANT TO RESOLUTION NO. 89-CCC, TO NATIONAL CABLE ACQUISITION ASSOCIATES, L.P.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 83-50 Spacelink of Florida Ltd., was granted a non-exclusive license to furnish cable television services in the City (the "Franchise"); and WHEREAS, pursuant to Resolution 84-FFFF Spacelink Fund 2 Ltd., requested and received a Franchise transfer from the City; and WHEREAS, pursuant to Resolution 87-00 National Cable Communications Inc., requested and received a Franchise transfer from the City; and WHEREAS, pursuant to Resolution 89-CCC National Cable Ltd. is currently the franchised cable television provider within the City of Boynton Beach; and WHEREAS, the terms and conditions of the Franchise are in full force and effect as of the date of this Resolution; and WHEREAS, pursuant to Section 7-26(d) of the Code of Ordinances of the City of Boynton Beach, Florida, National Cable Ltd. (the "Transferor") by letter dated February 16, 1993, is seeking the prior written consent of the City Commission to transfer the existing Franchise to National Cable Acquisition Associates, L.P. (the "Transferee"); and WHEREAS, the Transferee is a newly formed Delaware Limited Partnership organized to acquire, own, operate and manage 100% of the cable television assets of the Transferor Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and is an affiliate of Olympus Communications L.P., Adelphia Communications Corporation, and the Rigas family; and WHEREAS, the general partner of Transferee is National Cable Acquisition Associates Holdings, Inc., and the limited partner is Syracuse Hilton Head Holdings, L.P., both of which are affiliates of Adelphia and the Rigas family; and WHEREAS, in accordance with Section 7-26 of the Code of Ordinanoes of the City of Boynton Beach, Florida, the Transferee has accepted in writing and agreed to comply with all of the terms, conditions and provisions of the City's Franchise Ordinance; and WHEREAS, the Transferor has provided and the City Commission has considered the Tranferee's legal, financial character and other qualifications to assume the responsibilities and obligations of the Franchise holder for the remainder of the existing franchise term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the foregoing WHEREAS clauses are true and hereby ratified and confirmed by the City correct and Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby acknowledges receipt and acceptance of the request for transfer, letter dated February 16, 1993, and attachments thereto, including but not limited to financial and technical statements of the Transferee, from National Cable Ltd., Transferor, attached hereto as Composite Exhibit "A" and by this reference made a part hereof. Page 2 of 3 3 4 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 '~' 34 35 36 37 38 Section 3. The City Commission of the City of Boynton Beach, Florida, hereby acknowledges receipt and acceptance of Transferee's, National Cable Acquisition Associates, L.P., written agreement to comply with all of the terms, conditions the City's Franchise Ordinance attached "B" and by this reference made a part and provisions of hereto as Exhibit hereof. Section 4. That the City Commission of the City of Boynton Beach, Florida, hereby consents to the transfer of the non- exclusive cable television license from National Cable Ltd. to National Cable Acquisition Associates, L.P., all in accordance with Section 7-26(d) of the Code of Ordinances of the City of Boynton Beach, Florida. Section 5. This Resolution immediately upon passage. PASSED AND ADOPTED THIS 1993. shall become effective ATTEST: CItY CLERK K: RESOS\BOYNTON Page 3 of 3