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99-019 RES
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99-019 RES
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12/3/2007 2:34:22 PM
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5/8/2002 10:31:44 PM
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City Government
type
RES
date
2/22/1999
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Resolution 99- 19 <br /> <br />A RESOLUTION OF THE CITY OF ELK RIVER <br /> <br />A RESOLUTION CONDITIONALLY CONSENTING TO THE <br />TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP <br />INTERESTS IN A CABLE TELEVISION FRANCHISE TO BRESNAN <br />TELECOMMUNICATION COMPANY, LLC <br /> <br />WHEREAS, <br /> <br />the cable television franchise (the "Franchise") of the City of Elk <br />River, Minnesota (the "Authority,") is currently owned and <br />operated by Cable TV Fund 14-A, Ltd., doing business as Jones <br />Intercable, Inc. ("Jones"); and, <br /> <br />WHEREAS, <br /> <br />Bresnan Communications Company Limited Partnership <br />("BCCLP") and Jones entered into an Asset Purchase <br />Agreement By and Between BCCLP and Jones dated as of <br />November 6, 1998. As a result of the agreement, BCCLP will <br />acquire substantially all of the assets of Jones, including its <br />cable television systems in Minnesota. The cable system will <br />then be transferred to Bresnan Telecommunications Company <br />LLC ("Bresnan"), a wholly owned subsidiary of BCCLP (the <br />"Jones/Bresnan Agreement"); and, <br /> <br />WHEREAS, <br /> <br />Jones and Bresnan have represented and agreed that the <br />Jones/Bresnan Agreement will not alter any existing title, asset <br />ownership, or management agreement of Jones and Jones will <br />continue to hold the Franchise; and, <br /> <br />VCHEREAS, the Authority has received a request for consent to the transfer <br /> of Jones to Bresnan (the "Jones/Bresnan Transfer"); and, <br /> <br />WHEREAS, <br /> <br />no notice of breach or default under the Franchise has been <br />issued by the Authority within the past 12 months and none is <br />outstanding; and, <br /> <br />WHEREAS, <br /> <br />the Authority has determined that subject to certain conditions <br />which must be met, Bresnan possesses the requisite legal, <br />technical, and financial qualifications. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, that the Jones/Bresnan Transfer <br />is hereby consented to by the Authority and permitted conditioned upon: <br /> <br />Execution and delivery of a Corporate Guaranty of BCCLP acceptable to <br />the Authority in the form attached hereto; and, <br /> <br /> <br />
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