Resolution 1996-291
RESOLUTION NO. 96-~
JUN 1 8 1996
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, CONSENTING TO THE
TRANSFER AND ASSIGNMENT OF CABLE TELEVISION FRAN-
CHISE FROM CONTINENTAL CABLEVISION, INC., TO US
WEST, INC.
WHEREAS, Continental Cablevision, Inc., (nFranchise")
operates and maintains cable television systems in Collier
County, Florida, pursuant to the Franchise Agreement between
Palmer Broadcasting Company and Collier County dated June 20,
1967, aa amended, the Franchise Aqr..ment between Marco I.land
Cablevision Corp. and Collier County dated June 6, 1967, the
Franchise Agreement between Palmer Communications, Incorporated
and Collier County effective as of March 24, 1987 and the Fran-
chise Fee Settlement Agreement dated December 17, 1991 all as
assigned to Colony Cablevision of Florida and then assigned to
Continental Cablevision, Inc., (collectively the "Franchise
Agreements"); and
WHEREAS, pursuant to Section 17.13 of Collier County Ordi-
nance No. 88-90 and 47 U.S.C. 537, Franchise has requested the
consent of the Board of County Commissioners to the transfer and
assignment of its cable television franchise and the Colony Fran-
chise Agreements to US West, loc., a Florida corporation ("US
West"); and
WHEREAS, Franchise and US West entered into an Agreement and
Plan of Merger dated as of February 27, 1996 (the "Agreement"),
subject to, among other considerations, any required approval of
the Franchise Authority with respect thereto; and
WHEREAS, in connection with the merger contemplated by the
Agreement, Continental's parent company ("Continental") will
merge with US West or a WhOlly-owned subsidiary of US West; and
WHEREAS, Franchisee will remain in place and continue to
hold the Franchise; and
.
WHEREAS, Continental and US West have submitted a transfer
application and required fee to the Office of the County Manager;
and
WHEREAS, the Board is satisfied of the legal, technological,
financial and ownership data concerning the qualifications of US
West; and
WHEREAS, US West has agreed to comply with all provisions of
Collier County Ordinance No. 88-90, as amended, and
WHEREAS, the Board of County Commissioners has considered
the proposed transfer and assignment request and has found no
reasonable cause to deny consent to the transfer and assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM-
MISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board hereby consents to the transfer of control of
the franchise to US West, or its subsidiary.
1001 000 fl'.r 76
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JUN 1 8 1996
2. The Board acknowledges US West's agreement
with all provisions of Collier County Ordinance No.
amended, except franchise fee calculations, which
governed by the Colony Franchise Agreements, as assigned.
J. By consenting to and agreeing to accept this transfer
and ass1gnment, neither the County nor Continental waives any
rights either may have under federal, state, local law or the
Franchise Agreements.
4. This Resolution shall take effect immediately upon
to comply
88-90, as
will be
adoption.
This Resolution adopted this ~ day of ~
1996 after motion, second and majority vote favor ng same.
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Appi'o-Vlid>as"to form and
legal SUfficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
:J
C. NORRIS,
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He d F. Ashton
County Attorney
h6hw1lnlr.rQ' a.ipmcd olcable
1001 000 mr 77
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