HomeMy WebLinkAboutCC-12-15-86-01 Ham Co. CATV RESOLUTION
WHEREAS, the City of Carmel granted a cable television
franchise to Hamilton County CATV, Inc. pursuant to a franchise
agreement dated May 23, 1967 (the "Original Franchise"); and
WHEREAS, the City of Carmel consented to subsequent transfers
of the Original Franchise from Hamilton County CATV, Inc. to
Telecommunications, Inc.; and from Telecommunications, Inc. to
Amtech Cable of Indiana-III Limited Partnership ("Assignor"); and
WHEREAS, the Original Franchise has been amended by
Resolution 3-16-81-1, Ordinance D-293, Resolution 54-81-1
and the Addendum to the Original Franchise authorized thereby,
and Ordinance D-457 (the Original Franchise and all amendments
thereto being hereinafter collectively referred to as the
"Cable TV Franchise"); and
WHEREAS, Assignor is the present holder of the rights
granted by the City of Carmel under the Cable TV Franchise; and
WHEREAS, Assignor has agreed with Omega of Zionsville
Cable TV Co., ("Temporary Assignee"), with its office located
c/o Michael S. Maurer, 10585 North Meridian Street - Suite
101, Indianapolis, Indiana 46290, to transfer the Cable TV
Franshcise to Temporary Assignee; and
WHEREAS, Temporary Assignee shall transfer all right,
title and interest in the Cable TV Franchise to AccuCable
("Assignee")
Co.~a general partnership consisting of four (4) partners:
Robert E. Schloss (46%), Michael S. Maurer (46%), Mark A.
Vaillancourt (3%) and Maria D. Smith (5%), within ~ days
of the transfer from Assignor to Temporary Assignee; and
WHEREAS, the Cable TV Franchise requires the consent of
the Common Council of the City of Carmel to transfer the Cable
TV Franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF CARMEL, AS FOLLOWS:
I. Consent is hereby given to the transfer of the Cable
TV Franchise from Assignor to Temporary Assignee, effective
upon the closing of the transfer of assets between Assignor
and Temporary Assignee. Temporary Assignee shall transfer
the Cable TV Franchise to Assignee within ~O days of the
closing of the transfer from Assignor to Temporary Assignee.
Assignor and Temporary Assignee shall notify the City of the
closing by a letter in substantially the form attached hereto
as Exhibit "A", and Temporary Assignee and Assignee shall
notify the City of the transfer by a letter in substantially
the form attached hereto as Exhibit "A", and the Clerk-
Treasurer of this City shall acknowledge receipt of such
notices and the continued effectiveness of these Resolutions.
II. There have been no amendments or modifications to the
Cable TV Franchise, except as specifically referred to and
provided herein, and, to the knowledge of the City, there are
no defaults under the Cable TV Franchise.
III. The Cable TV Franchise shall remain in full force
and effect in accordance with its terms in all respects as
written in the Agreement dated May 23, 1967, as amended.
IV. Under no circumstances, shall Assignee or its
successor affiliates have the right to'transfer any right, title
or interest in the Cable TV Franchise without the approval
of the City, except to any lender(s) as collateral for loans.
Said lender(s) shall have the rights of a secured creditor
with respect thereto under the Uniform Commercial Code, as
enacted under the laws of the State of Indiana,
any sale or transfer of the Cable TV Franchise
thereof, shall be subject to the approval of the City, in the
event of a foreclosure.
Passed this /~ day of , 1986.
except that
or any portion
COMMON COUNCIL OF THE CITY OF CARMEL
A~ST:
I hereby certify that the foregoing constitutes a true and
complete copy of a resolution duly adopted by the Come, on Council
of. the City of Carmel, at a (Regular, ~) Meeting held on
December lcd, 1986, at which all Council men. ers were present.
I further certify that~/~_Lf~___~?~-r~j moved adoption of
said resolution and that~c ~/~Q/~/supported said motion.
I further certify that to the knowledge of the City of
Carmel, the cable television franchise hereinabove referred to
remains in full force and effect and in good standing in all
respects,
RESOLUTION ADOPTED DECEMBER /c~f 1986.
City of Carmel
EXHIBIT A
1986
City of Carmel
Gentlemen:
Please be advised that in relian~ upon Resolution No.
of the City of Carmel, Amtech Cable of Indiana-III Limited'
Partnership ("Assignor") has as of the __ day of December,
1986, transferred to Omega of Zionsville Cable TV Co.
("Assignee")~ all right, title and interest in that cable
television franchise, as amended, attached hereto as Schedule
Assignor shall be liable for all performance and payment
obligations arising under said cable television franchise on or
prior to the date hereof. Assignee, by its signature hereto,
accepts the terms of said cable television franchise, agrees to
be bound by the terms thereof and undertakes to perform all
obligations thereunder arising after the date hereof.
Please evidence your receipt of this notice and. your
continuing consent to the transfer by signing the enclosed
photocopy of this letter and mailing the same to Assignee in the
enclosed self addressed stamped envelope.
I thank you in advance for your cooperation.
Sincerely,
AMTECH CABLE OF INDIANA-III LIMITED
PARTNERSHIP
By:
Title:
Assignment Accepted:
OMEGA OF ZIONSVILLE CABLE TV CO.
By:
Title:
A-1
Acknowledged and consented to this ___. day of December,
1986. The cable television franchise, as amended, and attached
hereto as Schedule 1, remain in full force and effect, without
any changes, modifications or amendments thereto, and the facts
recited therein remain true and correct.
CITY OF CARMEL
By:
Title: Clerk