R93-472
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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
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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.
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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
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