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NO
o U RESOLUTION
ri O
RE: CORRECT RESOLUTION CONCERNING TRANSFER AND ASSIGNMENT OF
a CABLE T.V. FRANCHISE TO JAMES CABLE PARTNERS, L.P.
WHEREAS , the Board of County Commissioners of Weld County,
v)-g Colorado, pursuant to Colorado statute and the Weld County Home
a Rule Charter, is vested with the authority of administering the
O affairs of Weld County, Colorado, and
J
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a WHEREAS , on the 12th day of June, 1989 , the Board did, by
`n Resolution, approve the transfer and assignment of a cable T.V.
franchise to James Cable Partners, L.P. , and
a, a WHEREAS, it has now come to the Board ' s attention that James
w O Cable Partners , L.P. , is requesting certain corrections to said
O0Z Resolution of June 12 , 1989 , with said corrections being as
N H follows:
C F
o 1 . The fifth paragraph on Page 1 which reads , "WHEREAS,
] James will merge or liquidate Chartwell into itself so
• '4 that James will hold the franchise directly, "
w y, should be
corrected to read as follows : "WHEREAS , James will
z acquire the assets of Chartwell so that James will hold
o < the franchise directly. "
r
ag 2 . The paragraph entitled, SECTION 1 . which read, "County
hereby consents to and approves the transfer of all of
v) M the capital stock of Chartwell to James and the
r.]
subsequent merger or liquidation of Chartwell into
r James, and to the assumption by James of all of the
w w duties and obligations under the franchise, such
assignment and transfer to be effective upon the
transfer of the capital stock of Chartwell to James . "
should be corrected to read as follows: "County hereby
consents to and approves the transfer of all the assets ,
including the franchise, of Chartwell to James and to
the assumption by James of all of the duties and
obligations under the franchise, such assignment and
transfer to be effective upon the transfer of the assets
of Chartwell to James . "
WHEREAS , after study and review, the Board has determined
that such corrections do not affect the Resolution of transfer and
assignment; therefore , it is deemed advisable to approve said
corrections .
890544
N O
O U
O
N• O Page 2
o RE: CORRECTIONS TO CABLE T.V. FRANCHISE - JAMES CABLE
0
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(0 rrAl
0 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County
o a Commissioners of Weld County, Colorado, that the corrections, as
` q hereinabove stated , to the Resolution concerning the transfer and
ox assignment of cable T.V. franchise to James Cable Partners, L.P. ,
be , and hereby are, approved .
ra
`;? 'a The above and foregoing Resolution was , on motion duly made
-* and seconded , adopted by the following vote on the 28th day of
~ a June, A.D. , 1989 .
w
co tirylvtA7Acteu&U BOARD OF COUNTY COMMISSIONERS
m z ATTEST: WELD COUNTY, COLORADO
NH
LO H Weld Cou4nt4 %Ierk and Recorder C-f
0 z and Clerk csthet8iiry C.W. Kir y, Ch rman
m s• 7 ,�
O W i
co 2 ii-I'\,3e7),-94,14,1,l '
gggRson, Pro-Tem
Deputy County lerk ie
o >, APPROVED AS TO FORM: Gene R. Bra tner
U a
y
lo <r --e
eorge K nne/( u �J'
\Jp _
C:21 :71 c , County Attorney
PI w Gor
890544
Chartwell
5299 DTC Boulevard
Suite 260
Englewood, CO 80111
303/694-1700
R4b)078WdJ0 Office
125 Crestridge
Fort Collins, CO 80525
Ph. ( 303) 225-0537
Weld County Colorado
ATTN: Bruce Barker June 26 , 1989
P . O. Box 1948
Greeley, CO 80632
Dear Bruce :
This letter is in reference to our conversation on the phone
today.
As I mentioned, the attorney for James Cable would prefer a
slightly different wording in two sections of the Resolution
recently passed by the Board of County Commissioners for Weld
County. They are:
1 ) On the 5th "WHEREAS" down on page one to read;
"WHEREAS, James will acquire the assets of Chartwell so
that James will hold the franchise directly, and"
( delete the words "merge or liquidate" and "into itself" )
2 ) Section 1 of the 2nd page to read;
"County hereby consents to and approves the transfer of
all the assets, including the franchise , of Chartwell to
James, and to the assumption by James of all the duties
and obligations under the franchise, such assignment and
transfer to be effective upon the transfer of the assets
of Chartwell to James. "
(delete the words "capital stock" , "and the subsequent
merger or liquidation of Chartwell into James, " and
"capital stock" ) .
These changes are necessary because the sale is not a merger
or stock transfer but rather a sale of assets (please note that
the words that need to be added are underlined) . Also, these
changes do not materially affect the Resolution.
Once again, your cooperation is greatly appreciated.
Sincerely
obert J. Briney
Vice President Of Operations
890544
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