Resolution 1995-655
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RBSOLUTION NO. '5-~
RBSOLUTIOB O~ THE BOARD O~ COUITY COXKISSIOBBRS
OJ' COLLIER COUNTY, J'LORIDA COBSBJlTIBCJ TO THE
TRANsrER AHD A8SICJHXEBT OJ' CABLlI TBL1IVISIOB
nAIlCBISlI nOli rLORIDA CABL1IVISIOB KABACJEHDT
CORP. D/B/A CABLBVISIOB IHDUSTRIES TO 1'1118
WAlUID, INC.
WHEREAS, Florida Cablevision Kanagement Corp., d/b/a Cable-
vision Industries ("CVI") owns, operates and maintains cable
television systems in Collier County, Florida pursuant to the
Franchise Aqr.lment between Warner Amex Cable Communications
Company and Collier County dated November 13, 1981, as assigned,
the Franchise Aqreement betwel1n Florida Cablevision Management
Corp. and Collier County datec March 27, 1987 ani the Aqreement
between Florida Cablevision Mlnagement Corp. and Collier County
dated March 31, 1987 (collec:ively the "CVI F.,"anchise Aqree-
ments"); and
WHEREAS, pursuant to Section 17.13 of Collier County Ordi-
nance No. 88-90 and 47 U.S.C. 537, CVI has requel.ted the consent
ot the Board ot County Commiss i.oners to the tranlOter and assign-
ment of its cable television franchise and tho CVI Franchise
Agreements to Time Warner, Inc , a Delaware corporation; and
WHEREAS, cablevision Inc.i,lstries Corporation, a Delaware
corporation, Alan Gerry, Time Warner, Inc., and TW CVI
Acquisition Corp. have entered into an Aqreeme':,.t and Plan ot
Merger dated as of February 6. 1995 (the "Aqreenent"), subject
to, among othe;: consideratio~ I, any required l">proval ot the
Franchise Authority with respe( : thereto; and
WHEREAS, CVI and Time Warner, Inc., hav. submitted a
transfer applica.tion and required fee to the Of tic' I of the County
:#.:
Manager; and I
WHEREAS, the Board i. sathtied of the legal, technoloqical,
tinancial and ownership t.ata concerning the qunlitications ot
Time Warner, Inc.; and
WHEREAS, Time warne,' Inc., has aqreed to comply with all
provisions of CC'llier county Orlinance No. 88-90, as amended; and
WHEREAS, t''le Board of Ct"unty commissioners has considered
the proposed transfer and as&ignment request and has found no
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reasonable cause to deny consent to the transter and assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board hereby consents to the transfer and assignment
of the CVI Franchise Agreements to Time Warner, Inc., or its
subsidiary.
2. The Buard acknowledges Time Warner, Inc.'. aqreement to
comply with alJ provisions of Collier County Ordinance No. 88-90.
3. The Board acknowledges that CVI has aqreed to pay for
outstanding franchise fees, if any, which are certified a. still
owing when the County completel. its current interual audit by the
Clerk of Courts, Internal Aud:; t Division, for tl1a year. 1990 to
1994; however, CVI is not wab ing the right to rlwiew said audit
report and tel object to mil calculations or I ~ors contained
therein. If the County cannot complete the audit becaUse CVI i.
unable to produce financial documentation for the years of 1990
and 1991, County staff and CVI must aqree nn a negotiated
settlement by December 20, 19! 5 or this Resoluti,m shall be null
and void.
4. By consenting to anc aqreeing to accept this transfer
and assignment, neither the County nor Time Warner, Inc., waives
any rights either may have under federal, state, local law or the
CVI Franchise Aqreements.
5. This Resolution sl'll take effect ~ lIIJIlediately upon
adoption.
This . Resolution adopted this
day of 7?~".~~,
..:!ll
.
,
1995, af~er motion, second and majority vote tav(.ring the sam..
.
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A~EST::.....' " " .j
.:DWIGHT E. BROCl.:"'~ CLERK
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Approved,.ali tc{torm and
leg~l,S\l(ticl.ncy:
.6Itw/14779
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