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Home My WebLink AboutCity of Tamarac Ordinance O-1986-0053 4 S 6 7 8 11 12 13 14 15 16 24 25 26 R 29 30 31 Introduced by: _ Temp. Ord. #122Z Rev. 1/2/86 CITY OF TAMARAC, FLORIDA 6 -1 S661 3 ORDINANCE NO. 0-86-6-- AN ORDINANCE PROVIDING FOR CITY COUNCIL CONSENT TO THE TRANSFER OF A NON-EXCLUSIVE FRANCHISE BY THE SALE OF STOCK OF UTA CABLE CORPORATION TO TELESAT CABLEVISION, INC. PURSUANT TO ORDINANCE 0-83-44; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Telesat Cablevision, IUc., a subsidiary of FPL Group, Inc., has negotiated to acquire the stock of UTA Cable Corporation; and WHEREAS, Section 14b of the September 28, 1983 Franchise Agreement between the City of Tamarac and UTA Cable Corporation provides that any such stock disposition be consented to by the City Council, which consent may not be unreasonably withheld; and WHEREAS, Telesat Cablevision, Inc. has agreed to comply with all the provisions of said franchise agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: That City Council consent to a transfer of this non-exclusive franchise by the sale of stock of UTA Cable Corporation to Telesat Cablevision, Inc. is hereby granted, pursuant to Section l4b of the September 28, 1983 Franchise Agreement between the City of Tamarac and UTA Cable Corporation attached as Exhibit "A" to Ordinance 0-83-44. SECMN Z: That this sale of stock shall be accom- plished on April 15, 19.8.6... SECTI:4N 3: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this oZ7 -day of j � _�, 1986. PASSED SECOND READING this�day of— __-, 1986. ATTEST: ��TY CLERK I HEREBY CERTIFY that I have approved the foA m and correct- ness of this ORDINANCE. ATT RNEY _. 1279R110685/t 011Y OF TAMAFiA(' 5811 N. W. 88th AVFr1UR 7AMARAC, FLORID 33321 City Clerks, Dept.. r_ MAYOR r., .. RECORD OF COUNCIL VOTE MAYOR; KRAVITZ DIST 4: ,QM STEIN DIST 3: C/M GOTTE MAN DIST" 2. IM MUNITz DIST 1: V' M MAS AR CT) r~a I" '� UUI �.�yZ 0 n Or 1 I 1 ASSIGNMENT AND ACCEPTANCE OF FRANCHISE THIS AGREEMENT is made and entered into this 1- day of 19u , by UTA CABLE CORPORATION ("UTA"), TELESAT CABLEVISION, INC. (' LESA , and LENNAR CORPORATION ("LENNAR"). WITNESSETH: WHEREAS, UTA is the holder of a community antenna television system franchise with the City of Tamarac pursuant to a Franchise Agreement dated September 28, 1983 as approved by Ordinance No. 0-83-44 of the City of Tamarac, dated September 28, 1983; and WHEREAS, LENNAR has entered into an Agreement with TELESAT for the sale and purchase of all of the stock of UTA, which sale and transfer of stock have been consummated, and pursuant to which LENNAR agreed to sell, assign, transfer and convey to TELESAT, all of UTA's right, title and interest in the Franchise Agreement between UTA and the City of Tamarac and the Ordinance approving same dated September 28, 1983; and WHEREAS, by Ordinance dated January 27, 1986, Ordinance No. R-86-5, the City Council has consented to the transfer of the Franchise from UTA to TELESAT; and WHEREAS, UTA now desires to sell, assign, transfer and deliver to TELESAT and TELESAT agrees to accept all of UTA's rights, title and interest in the Franchise with the City of Tamarac dated September 28, 1983; . NOW THEREFORE, in consideration of the promises contained therein, together with other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. TRANSFER. UTA hereby unconditionally sells, assigns, transfers and delivers toTEL MAT all of UTA's right, title and interest in and to the Franchise granted by UTA by the City of Tamarac, Florida, pursuant to that certain Franchise Agreement dated September 28, 1983, said Agreement having been approved by Ordinance No. 0-83-44 by the City Council of Tamarac and dated September 28, 1983. - 2. ACKNOWLEDGMENT OF TRANSFER. LENNAR hereby acknowledges that it has sold all of the stock of UTA to TELESAT and agrees to the transfer of all of UTA's right, title and interest in and to the Franchise granted to UTA by the City of Tamarac. 3. ACCEPTANCE. TELESAT hereby unconditionally accepts the Assignment of t F FrancRise between UTA and the City of Tamarac, Florida, and agrees to comply with and abide by all of its provisions, terms and conditions. 4. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of U A and TELESAT and their respective successors and assigns. IN WITNESS WHEREOF, UTA has caused this Agreement to be executed and delivered by its duly authorized officer on the date f Est above written. WITNESSES: ti r STATE OF FLORIDA COUNTY OF BROWARD UTA CABLEAOR DTI [.TM Executive President I HEREBY CERTIFY that on the �_d day of 1986, before me, an officer duly authorized in the State and Co my aforesaid to take acknowledgements, personally appeared HARRY P. CUSHING, Executive Vice LAW OFFICES OF SIMON t MOSKOWITZ P.A.. FORT LAUDERDALE. FLORIDA President of UTA CABLE CORPORATION, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he has executed the same. NOTARY PUBLIC My Commission Expir s: Notary Pul;lic, State of My Commi-own Expires Oct. 15, IM WHEREOF, TELESAT has caused this Agreement to be executed and delivered by its duly authorized officer on the date first above written. WITNESSES: STATE OF FLORIDA COUNTY OF BROWARD TELESAT BL ISION IN . BY: A RY P. CORING, xecutive Vice President _ _ _ = I HEREBY. CERTIFY that on the J/" day of , 1986, before me, an officer duly authorized in the State and Co my aforesaid to take acknowledgements, personally appeared HARRY P. CUSHING, Executive Vice President of TELESAT CABLEVISION, INC., to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he has executed the same. flOTARY PUBLIC My Commission Expires: *t" PAk' we of Roma My Cammission Expires Oct. 15, 1989 Mand TMu Tot, Fain • Fn,unnce Inc IN WITNESS WHEREOF, LENNAR has caused this Agreement to be executed and delivered by its duly authorized officer on the date first above written. LENNAR CORP ION BY: ALLAN J. EK R, Financial Vice President STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY that on the r- day of ,r , 1986, before me an officer duly authorized to take acknowledgments; personally appeared, ALLAN J. PEKOR, Financial Vice President of LENNAR CORPORATION, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he has executed the same. - - N rTY UBLICNotary P;II.;;Ic, SLn:c of I1CC My Commission Expires: My Commission L-ire. 4p:4 1, 1933 landed Thru iron Fain • 44uranw, Log. - 2 - 1 1 1 LAW OFFICES OF SIMON « MOSKOWITZ. P.A.. FORT LAUDERDALE. FLORIDA