RES 1986-55 - 00004834i '
r..
RESOLUTION NO. 55 — 1986
A RESOLUTION APPROVING THE TRANSFER OF THE CABLE
TELEVISION FRANCHISE FROM GENERAL TELEVISION OF MINNESOTA,
INC., TO NORTEL CABLE ASSOCIATES
WHEREAS, General Television of Minnesota, Inc. (General Television), has
requested the City's consent to the transfer of the Franchise from General
Television to Nortel Cable Associates, a Delaware limited partnership licensed
to do business in Minnesota (Nortel); and
WHEREAS, the City has established a process for reviewing the legal, technical
and financial qualifications, of Nortel; and
WHEREAS, the City conducted a public hearing affording notice and reasonable
opportunity for Nortel, General Television and the general public to be heard;
NOW, THEREFORE, BE IT RESOLVED by the City of Fridley, Minnesota as follows:
1. The legal, technical and financial qualifications of Nortel
were considered in a full public proceeding affording notice and
a reasonable opportunity to be heard and are hereby approved.
' 2. The City hereby consents to and approves the transfer of the
Franchise and all of the rights thereunder from the present
holder, General Television, to Nortel, subject to the closing of
the purchase of General Television's assets by Nortel and on the
following conditions:
a. Nortel shall, within thirty (30) days after the
date set forth below accept the Franchise Ordinance and
Agreement, as amenced, (referrea to herein collectively
as the "Franchise ") in form ana substance acceptable to
City, unless the time for acceptance is extended by
City.
b. With its acceptance, Nortel shall deliver to City
true and correct copies of documents creating Nortel
and evidencing the power and authority of that officer
or officers accepting on behalf of Nortel
c. With its acceptance, Nortel shall deliver
documentations, to the satisfaction of the City, that
the cash security fund required by the Franchise has
been established and otherwise complies with the
Franchise.
A
Page 2 — Resolution No. 55 — 1986
d. With its acceptance, Nortel shall deliver to City a
' corporate surety bond in the amount of One Hundred
Thousana Dollars ($100,000.00) from a responsible
company licensed to do business in the State of
Minnesota, renewable annually, and conditioned upon the
faithful performance of Nortel as required by the
Franchise.
e. With its acceptance, Nortel shall furnish to City
certificates of insurance, reasonably acceptable to
City ana in accordance with the requirements of the
Franchise, along with written evidence of payment of
required premiums.
f. With its acceptance, Nortel shall deliver to City a
guaranty from Amzak Corporation in form and substance
acceptable to City.
g. With its acceptance, Nortel shall pay all costs and
expenses, including legal and other consulting fees,
resulting from the transfer. City shall provide an
itemized statement to Nortel within two (2) weeks of
the date set forth below.
3. In the event Nortel fails to comply with any of the above
requirements within the time specified, unless the time is
extended by City, this RESCLUTION and any and all approvals set
' forth herein shall be null and void.
4. Nortel shall, within sixty (60) days after the closing of the
purchase of General Television's assets, file with the City a
copy of the deed, agreement, mortgage, lease or other written
instrument evidencing such sale, transfer of ownership or control
or lease, certified and sworn to as correct by Nortel.
5. In the event Nortel fails to close with General Television on
or before August 30, 1986, the RESOLUTION and any and all
approvals set forth herein shall be null and void ana upon
request of Nortel all documents referrea to in Paragraph 2 (a)
through (f) shall be returned to Nortel.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF
JULY, 1986 ;
ATTEST; IAM J. NEE R