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<br />. <br /> <br />. <br /> <br />. <br /> <br />CITY OF <br /> <br />ELK River <br /> <br />RESOLUTION NO. 9~ APPROVING THE <br />SALE AND TRANSFER OF OWNERSHIP IN <br />A CABLE SYSTEM AND TRANSFER OF THE CABLE <br />FRANCHISE OF JONES INTERCABLE, INC. TO <br />FBN CABLEVISION OF MINNESOTA LIMITED PARTNERSHIP <br /> <br />WHEREAS, Jones Intercable, Inc. (hereinafter "Jones") owns, <br />operates and maintains a cable television system (the <br />"System") for the municipality of Elk River , <br />Minnesota (hereinafter the "City") pursuant to the term~ <br />and conditions of a Cable Communications Franchise <br />Ordinance No. 84-9 , as amended (the "Ordinance"): and <br /> <br />WHEREAS, the City has the authority and responsibility to <br />adopt, coordinate, administer and enforce the Ordinance <br />and the right to approve any transfer of said Ordinance: <br />and <br /> <br />WHEREAS, Jones desires to sell and otherwise transfer <br />substantially all of its business and assets used or~ <br />useful in connection with the ownership and operation of <br />the System and the Ordinance to FBN Cablevision of <br />Minnesota Limited Partnership ("FBN"); and <br /> <br />WHEREAS, FBN agrees to continue to manage, operate, and <br />maintain the System in substantially the same manner as <br />Jones and to assume all Jones' Ordinance obligations and <br />execute and accept the Ordinance, as amended; and <br /> <br />WHEREAS, Jones and FBN have requested the consent from the <br />City to a sale of the System and transfer of the <br />Ordinance of Jones to FBN: and <br /> <br />WHEREAS, the Sherburne/Wright County Cable Communications <br />Commission ("Commission") on behalf of the City <br />considered FBN's technical ability,financial condition, <br />character qualifications, and legal qualifications in a <br />full public proceeding after due notice and a reasonable <br />opportunity to be heard: and <br /> <br />WHEREAS, the Commission Found no reasonable basis for the City <br />to deny the request for transfer to FBN under the terms <br />and conditions set forth below. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the City of Elk River <br />that: <br /> <br />1. The City hereby approves the transfer of the System and <br />transfer of the Ordinance of Jones, to FBN, provided the <br />