1987 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'