1995-05 Cable TV FranchiseRESOLUTION NO. 95-5
A RESOLUTION GRANTING THE CONSENT OF THE CITY COUNCIL OF
r THE CITY OF OKEECHOBEE, FLORIDA TO THE TRANSFER OF
CONTROL OF ULTRA COM OF DADE COUNTY, INC. AND ITS CABLE
TELEVISION SYSTEM FROM CABLEVISION INDUSTRIES
CORPORATION ("CIC") TO TIME WARNER INC. ("TWI"); PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Ultra Com of Dade County, Inc. ("Cablevision") has the right to install,
construct, own, operate and maintain a cable television system (the "System") within the
City of Okeechobee, Florida pursuant to a cable television franchise issued pursuant to
Resolution No. 88-7; and
WHEREAS, Cablevision is currently controlled by CIC and CIC's principal
shareholder, Mr. Alan Gerry, an individual residing in Liberty, New York ("Principal
Shareholder"); and
WHEREAS, TWI and CIC and the Principal Shareholder have entered into an
Agreement and Plan of Merger in which a wholly owned subsidiary of TWI will merge with
and into CIC and, upon completion of the transaction, CIC will become a subsidiary of
TWI, and TWI will then control Cablevision and System (the "Transfer"); all as set forth
in the Agreement and the Supplemental Agreement, each dated February 6, 1995; and
WHEREAS, TWI, CIC and Cablevision have jointly submitted to the City of
Okeechobee, Florida an application on Federal Communications Commission ("FCC")
Form 394 for consent to the Transfer and have submitted such other information
concerning the Transfer as required by the Franchise and applicable law and as
reasonably requested by the City of Okeechobee, Florida (collectively the "Transfer
Application"); and
WHEREAS, the City Council has determined that it is in the best interest of the
City of Okeechobee, Florida and its residents to approve the Transfer Application and the
Transfer; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Okeechobee, Florida as follows:
Section 1. The City Council hereby approves the Transfer Application and
consents to the Transfer to TWI, as described in the Transfer Application, provided
however, that nothing contained in this section shall be deemed an amendment to the
Franchise, but rather only a Transfer of the Franchise or a clarification of the terms of the
Franchise.
Section 2. The Resolution shall become effective and continue and remain in
effect immediately upon its adoption.
Section 3. The City Administrator is hereby authorized to notify TWI, CIC and
Cablevision of this action in writing by furnishing these companies with an executed copy
of the Resolution.
INTRODUCED AND ADOPTED THIS 18TH DAY OF JU , 19 5
James E. Kirk, Mayor
Attest:
Aonniee& Thomas, CMC
City Clerk