HomeMy WebLinkAbout94-131 RESOLUTION NO. 94-131
CITY OF LAKEVILLE, MINNESOTA
RESOLUTION RATIFYING .PRIOR APPROVAL OF THE
TRANSFER OF THE CABLE TELEVISION FRANCHISE
WHEREAS, the cable television franchise in the City of
Lakeville, Minnesota ("Franchise") is currently owned and
operated by Star Metro Cable, Inc. (the "Franchisee"); and
WHEREAS, Franchisee is a wholly-owned subsidiary of Star
Mid America IV, Inc. which in turn is wholly owned by Star Mid
America Limited Partnership ("SMALP"); and
WHEREAS, SMALP entered into a Purchase P_greement dated
November 12, 1993 (the "Purchase Agreement") between SMALP and
Marcus Cable Partners, L.P. ("Marcus"); and
WHEREAS, the City of Lakeville, Minnesota ("City")
received and previously approved a request from the Franchisee
for approval to assign and/or transfer the Franchise from SMALP
to Marcus pursuant to Resolution No. 94-60; and
WHEREAS, SMALP and Marcus have entered into. Amendment
Agreement Number One to the Purchase Agreement, dated May 31,
1994, and have requested the City to ratify its prior consent
to the transaction contemplated by the Purchase Agreement,- as
now amended.
NOW THEREFORE, BE IT RESOLVED, that the sale, transfer and
assignment of the rights, responsibilities and benefits of the
Franchise from SMALP to Marcus previously approved by the City
pursuant to Resolution No. 94-60 is hereby ratified, permitted
and approved; and
BE IT FURTHER RESOLVED, that the City hereby waives any
right of first refusal which it may have pursuant to the
Franchise, state or federal law, to purchase the Franchise or
the cable television system serving the City, but only as such
right of fist refusal applies to the request for approval of
the transfer of control of Franchisee now before the City; and
BE IT FURTHER RESOLVED, that the terms and conditions of
Resolution No.94-60 remain in full force and effect; and
BE IT FURTHER RESOLVED, that the consent to transfer
herein provided shall be effective upon and only effective
concurrent with the closing of the transactions described in
the Purchase Agreement, as amended, and Marcus shall notify the
City promptly upon the closing of such transactions; and
f
BE IT FURTHER RESOLVED, City's adoption of this Resolution
No. 94-60 is subject to Franchisee reimbursing the City for all
reasonable costs, ezpenses and professional fees incurred as a
result of the approval of the transfer of control of the
Franchisee.
ADOPTED by the City of Lakeville, Minnesota City Council
on this 20th day of June 1994.
CITY OF LAKEVILLE, MINNESOTA
By:
Its • a or
Attest:
- J
Clerk
9632140
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