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Home My WebLink About1987 Jones Cable Franchise AMENDMENT TO FRANCHISE AGREEMENT `NS WHEREAS, the City of Carmel, Indiana, has granted to IDS/Jones Growth Partners 87-A, Ltd., a Colorado limited partnership ("Partners"), as successor-in-interest to AccuCable Co., a franchise to operate a caUe television system via Agreement dated December 7, 1987, and Resolution No. 12-7-87-2, dated December 7, 1987, as amended by Resolution No. 8-15-88-1, dated Augus,l.5, 1988, (collectively the" 1987 Agreement"). WHEREAS, both parties, in reviewing the 1987 Agreement, discovered that there was omitted a provision providing for a sepamae access channel for use by the Carmel/Clay Schools, which access channel is in addition to the access channel provided for government„ public and leased cablecast transmissions. WHEREAS, the parties both acknowledge that a full time channel has been provided to the Carmel/Cay Schools since 1981 .through todays' date and the parties believe. by error of scrivaner it was omitted from the 1987 Agreement; WHEREAS, Jones is agreeable to amend the 1987 Agreement to clarify this matter. NOW, THEREFORE, the parties hereto agree as follows: 1. That the first ,wo sentences of subsection E of Section 16 of the 1987 Agreement are hereby deleted in their entirety and replaced by the following: "E. One (1) full-time access channel shall be provided free of charge for use by the Carmel/Clay Schools for program origination. In addition, one (1) full-time access channel shall be provided free of charge for government, public and leased cablecast transmissions. AccuCable agrees to maintain all access channels at the technical level of the entire Cable System." All other terms and provisions of the 1987 Agreement are in full force and effect and not affected by this amendment. COMMON COUNCIL OF THE CITY` OF?CARMEL Presiding Offi er ATTEST: Sosan--iorms, Clerk-Treasurer APPROVED this A* day of D2,-, ' 1995 ATTEST: Clerk;TrFuser .-fires , f IDS/Jones Growth Partners 87-A, Ltd., a Colorado limited partnership By: Jones Cable Corporation, a Colorado corporation, as managing general partner By: ?i?dU?? /li Beth M. St ele Vice President comes now Elizabeth M. Steele, after being duly sworn upon her oath and under penalties for perjury now states that she is a duly authorized representative of the above to execute the foregoing Amendment to Franchise Agreement and is duly authorized and empowered by such signature to bind said IDS/Jones Growth Partners and Jones Cable Corporation as managing general partner to the contents of this Amendment to Franchise Agreement STATE OF CCId?PZJO ) )SS: COUNTY OF 4Q0.?1o? ) Subscribed and sworn to me a Notary Public in and for said County and State this day of November; 1995. MY COMMISSION EXPIRES: %-o-9-7 NO ARY U I r` OF UicA9440L ,SARA- 11 LL PRINTED o U B L*.'gPPO?jL ?TR OF CO\'?' . i_ i RESOLUTION NO. CC11-20-95-02 A RESOLUTION PROVIDING FOR THE TRANSFER AND ASSIGNMENT OF A CABLE TELEVISION FRANCHISE WHEREAS, the City of Carmel, Indiana (the "City") has granted to IDS/Jones Growth Partners 87-A, Ltd., a Colorado limited partnership ("Partners"), as successor-In- Interest to AccuCable Co., a franchise to operate a cable television system via Agreement dated December 7, 1987, and Resolution No. 12-7-87-2, dated December 7, 1987, as amended by (i) Resolution No. 8-15-88-1, dated August 15, 1988 and (11) Amendment to Franchise Agreement, dated November, 1995, Resolution No. (collectively comprising, the non-exclusive "Franchise"); WHEREAS, Partners has agreed to.seli to Jones intercable, Inc. ("Jones"), as assigned to its wholly-owned subsidiary, Jones Cable Holdings, Inc. ("JCH"), all of the assets of its cable television serving the City (the "System"), including Its rights under the non-exclusive Franchise, pursuant to a Purchase and Sale Agreement (the "Purchase Agreement"); WHEREAS, a subsidiary of Jones is the managing general partner of Partners; WHEREAS, Jones has negotiated an Asset Exchange Agreement (the "Exchange Agreement"), as assigned to JCH, with Time Warner Entertainment-Advance/Newhouse Partnership, a New York general partnership ("TWEAN"), pursuant to which JCH will, upon acquisition of the System, convey to TWEAN substantially all of the assets of the System, Including its rights under the non-exclusive Franchise; WHEREAS, the parties have filed a Form 394 with the City relating to the transfer of the non-exclusive Franchise to TWEAN; and WHEREAS, the non-exclusive Franchise requires the City's consent to any transfer or assignment of the non-exclusive Franchise; NOW, THEREFORE, IT 1S HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA: 1. Subject to the consummation of the sale of the System and the assignment of the non-exclusive Franchise from Partners to JCH (notice of which will be given to the City), the City authorizes and consents to, in all respects, the assignment and transfer by JCH of the non-exclusive Franchise to TWEAN, its successors and assigns, and the assumption by TWEAN of the obligations of JCH under the non-exclusive Franchise that relate to periods from and after the date of dosing of the Exchange Agreement. 2. The foregoing consent to the assignment and transfer of the non-exclusive Franchise shall be effective upon the closing of the sale of the System by JCH to TWEAN. Notice of such closing date shall be given to the City. AMENDMENT TO FRANCHISE AGREEMENT WHEREAS, the City of Carmel, Indiana, has granted to IDS/Jones Growth Partners 87-A, Ltd., a Colorado limited partnership ("Partners"), as successor-in-interest to AccuCable Co., a franchise to operate a cable television system via Agreement dated December 7, 1987, and Resolution No. 12-7-87-2, dated December 7, 1987, as amended by Resolution No. 8-15-88-1, dated August 15, 1988, (collectively the "1987 Agreement"). WHEREAS, both parties, in reviewing the 1987 Agreement, discovered that there was omitted a provision providing for a separate access channel for use by the Carmel/Clay Schools, which access channel is in addition to the access channel provided for government, public and leased cablecast transmissions. WHEREAS, the parties both acknowledge that a full time channel has been provided to the Carmel/Clay Schools since 1981 through todays' date and the parties believe by error of scrivener it was omitted from the 1987 Agreement; WHEREAS, Jones is agreeable to amend the 1987 Agreement to clarify this matter. NOW, THEREFORE, the parties hereto agree as follows: 1. That the first two sentences of subsection E of Section 16 of the 1987 -Agreement are hereby deleted in their entirety and replaced by the following' "E. One (1) full-time access channel shall be provided free of charge for use by the Carmel/Clay Schools for program origination. In addition, one (1) full-time access channel shall be provided free of charge for government, public and leased cablecast transmissions. AccuCable agrees to maintain ail access channels at the technical level of the entire Cable System." All other terms and provisions of the 1987,Agreement are in full force and effect and not affected by this amendment. COMMON COUNCIL OF THE CITY OF CARMEL Presiding Officer ATTEST: Susan Jones, Clerk-Treasurer RESOLUTION AD?Rp C1il5 pGR IOANA CADf-E 8?JVJSEta .r i CITY OF CAR 14ER'S.81-A, LTD' p?74i PAR ers87-A.ttd, I113SIJDN7:5 GR hPartc Cable Co p`ND end tiOSf l6nes Growl 1987 of Carmel, Indiana, artdedr (the EpS, the C' partners"), successor 1n interest am1p ices to the as WNER 19£37 , a Colorado Itmited partNgreep ( . partners to,prov"ide continuous cable teievlsion se , have antlered into an Agtesinent dated?:D ecember 7, A9reementn pertlttlrl9 or CarmeS,'tndia(ta, and resent 1987 Agreement exi5t_.l.ri9 citizens Qf the Cifiy o amend the. P VVHFRE.AS the parties vrist? '1 al,_tndiana, that the bebrreen them; and REAS, is in the best interests of the citizens of Caren Franohse Agreement°be amended-. f the City NOW. THEREFORE, BE. IT RE50LVED by the Comrnon Ceundl, o diana and of.Carmai, In Carmel; Indiana; that the 1987 Agreement between the city Partners sit be amended Pursuant to the terms of9sn5 Amendment to Franchtse Agreement,dated the day of ------ BF_ tT 'FURTHER RFSOLVEo that a copy of the Amendment to Franchise Agreement is attached hereto and made.a part hereof. PASSED AND ADE7P7FD` by.the Common Council of ihe,City of Carmel, Indiana, on the day of Novemper, 1995. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Presiding :Officer ATTEST: Susan Jones Clerk-Treasurer DATE: ATTEST: Susan Jones, Clerk-Treasurer APPROVED: Ted Johnson, Mayor City of Carmel J'