HomeMy WebLinkAbout2001-054 RESOLUTION NO. 2001-054
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING THE TRANSFER OF A CABLE
TELEVISION FRANCHISE FROM FALCON CABLE
MEDIA, A CALIFORNIA LIMITED PARTNERSHIP, A/K/A
CHARTER CABLE, LLC, TO TCI CABLEVISION OF
MISSOURI,INC., D/B/A AT&T BROADBAND.
WHEREAS, Charter Communications, Inc. ("Franchisee") owns, operates and maintains
a cable television system (the "System") in the County of Indian River, Florida, pursuant to
authorization (the "Franchise") by Indian River County, a political subdivision of the State of
Florida (the "Franchise Authority"), and Franchisee is the duly authorized holder of the
Franchise; and
WHEREAS, Charter Communications, Inc., and TCI Cable Partners of St. Louis, L.P.
and TCI Cablevision of Missouri, Inc, are parties to an Asset Purchase Agreement dated
February 26, 2001 (the "Agreement"); and
WHEREAS, the Agreement provides for the transfer of the System and the Franchise to
TCI Cablevision of Missouri, Inc. ("Transferee") at the closing of the transaction contemplated
by the Agreement (collectively, the "Transfer"); and
WHEREAS, Franchisee and Transferee have requested consent by the Franchise
Authority to the Transfer in accordance with Indian River County Ordinance No. 82-7, and have
filed an FCC Form 394 ("Transfer Application") with the Franchise Authority requesting consent
to the Transfer; and
WHEREAS, the Franchise Authority has reviewed the Transfer Application, examined
the legal, financial and technical qualifications of Transferee, followed all required procedures in
order to consider and act upon the Transfer Application, and considered the comments of
interested parties at an advertised public hearing held on May 22, 2001; and
WHEREAS, following review and investigation, the Franchise Authority has concluded
that the Transferee has established and meets the legal, technical and financial criteria to operate
the System and has satisfied all criteria set forth under all applicable or required county or
federal documents, laws and regulations, including FCC Form 394.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian
River County, Florida, as follows:
1. The Franchise Authority hereby consents to and approves, in accordance with the
Transfer, the transfer of the System and the Franchise to Transferee, and the assumption by
Transferee of the obligations of the Franchisee pursuant to the Franchise.
. ' RESOLUTION NO. 2001-054
2. This Resolution shall be deemed effective for purposes of the Transfer upon the
closing of the Asset Purchase Agreement between Charter Communications, Inc., and TCI Cable
Partners of St. Louis, L.P. and TCI Cablevision of Missouri, Inc.
The resolution was moved for adoption by Commissioner Macht , and
the motion was seconded by Commissioner Ti ppi n , and, upon being put to a
vote, the vote was as follows:
Chairman Caroline D. Ginn Aye
Vice Chairman Ruth Stanbridge Aye
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
5th
The Chaiinan thereupon declared the resolution duly passed and adopted this end day
r�.
of M;Xy, 2001
June ,M
141
BOARD OF COUNTY COMMISSIONERS
4 �e ; , `'°• "�, R, '& INDIAN RIVER COUNTY, FLORIDA
'Aest: J"k Bartorr�,t_'lerk
fi By Caroline D. Gi
r;•'•,Deputy.GIS` Chairman
Indian River Ca Approved Date
Admin
Legal
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