Res 28-93 RESOLUTION NO. 28-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF
A CABLE TELEVISION FRANCHISE FROM NATIONAL CABLE
LIMITED TO NATIONAL CABLE ACQUISITION ASSOCIATES,
L.P.
WHEREAS, National Cable, Ltd. is a franchise cable
television oBerator licensed to conduct operations in the City of
Delray Beach, Florida; and,
WHEREAS, National Cable, Ltd. desires to transfer its
assets and franchise to National Cable Acquisition Associates, L.P.
and has submitted an application for transfer; and,
WHEREAS, National Cable Acquisition Associates, L.P. as a
result will continue the business of National Cable, Ltd. with the
territory being the same as described in Ordinance No. 8-87 and as
amended by Ordinance No. 50-87; and,
WHEREAS, Chapter 93, "Cable Television", of the Code of
Ordinances of the City of Delray Beach, Florida, requires a transfer
of a cable television franchise to be approved by resolution of the
City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and
ratified.
Section 2. The cable television franchise and license
held by National Cable, Ltd. is hereby transferred in its entirety
to National Cable Acquisition Associates, L.P. for th~ remainder of
the franchise term as stated in Ordinance No. 8-87.
Section 3. National Cable Acquisition Associates, L.P.
shall comply with Chapter 93 of the Code of Ordinances of the City
of Delray Beach, Florida, governing cable television and any and all
amendments thereto.
Section 4. National Cable Acquisition Associates, L.Po
shall comply with all other statutes, rules and regulations
regulating cable television.
Section 5. That the City Commission of the City of Delray
Beach, Florida, authorizes a transfer of the franchise from National
Cable, Ltd. to National Cable Acquisition Associates, L.P. subject
to the National Cable Acquisition Associates, L.P. providing the
following documents:
(a) A statement from National Cable Acquisition
Associates, L.P. indicating that National Cable
Acquisition Associates, L.P. accepts and agrees to be
bound by the terms and conditions of the franchise
agreement between the City and National Cable, Ltd.
(b) A copy of the certificate of authorization to do
business in the State of Florida.
(c) The name of the Florida agent of National Cable
Acquisition Associates, L.P. for the purpose of
service of process.
(d) A current certificate of insurance in the name of
National Cable Acquisition Associates, L.P. meeting
the requirements of the City's Code of Ordinances and
current franchise agreement.
(e) A performance bond in the amount described by the
Code of Ordinances of the City of Delray Beach,
Florida.
Section 6. That this resolution shall be effective on
adoption of this resolution.
Section 7. That the City Clerk is hereby authorized to
send a certified copy of this resolution to the franchise holder.
PASSED AND ADOPTED in regular session on this the 23rd day
of March, 1993.
ATTEST:
/CitY
- 2 - Res. No. 28-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 23. 1995
RESOLUTION NO. 28-93
DATE: March 19, 1993
This is a resolution authorizing the transfer of a cable television
franchise from National Cable Limited to National Cable Acquisition
Associates, L.P.
Section 93.34 of the City's Code of Ordinances states that a cable
television grantee shall not transfer its franchise to another person
or corporation without prior approval of the City Commission by
resolution. National Cable Acquisition Associates desires to assume
the franchise held by National Cable Limited for the remainder of the
franchise term, July 22, 2004.
The City Attorney's office has reviewed the request and found the
documentation submitted by the applicant in conformance with Section 5
of this resolution.
Recommend approval of Resolution No. 28-93.
MEMORANDUM
TO: Susan A. Ruby, Assistant City Attorney
FROM: Alison MacGregor Harty, City Clerk~
SUBJECT: Resolution No. 28-93/National Cable
DATE: March 31, 1993
Attached is a certified copy of Resolution No. 28-93 authorizing
the transfer of a cable television franchise from National Cable
Limited to National Cable Acquisition Associates, L.P.
The resolution was passed by the City Commission in regular
session on March 23, 1993. Section 7 of the resolution directs
that a certified copy be sent to the franchise holder. Would you
please insure that the certified copy is forwarded to the
appropriate party?.
Thank you for your assistance.
AMH/m
Attachment
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of Resolution No. 28-93, authorizing the
transfer of a cable television franchise from National Cable
Limited to National Cable Acquisition Associates, L.P., as the
same was passed and adopted in regular session on the 23rd day of
March, 1993, by the City Commission of the City of Delray Beach,
Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
31st day of March, 1993.
Alis6n MadGr~eg0r ~a~t~ ~
City Clerk
City of Delray Beach, Florida
SEAL
THE EFFORT ALWAYS MATTERS
!TY OF DELRfiY
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: March 17, 1993
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Consent to Transfer of National Cable, Ltd.'s
Franchise to National Cable Acquisition Associates
n.P. ("NCAA")
The City's Code of Ordinances Section 93.34 states that a cable
television grantee shall not transfer its franchise to another
person or cooperation without prior approval of the City
Commission by resolution. National Cable's predecessor,
Sunbelt-Denntronics, Ltd. was granted a franchise originally on
March 28, 1984 for a five year period. In 1987, the City
Commission extended the franchise for a fifteen year period
which shall continue to July 22, 2004. NCAA desires to assume
the franchise held by National Cable Limited for the remainder
of the franchise term.
Our office has received documentation which conforms to Section
5 of the resolution which is attached for your information. By
letter of February 16, 1993 Keith James, on behalf of his
client, National Cable, Ltd. seeks City Commission approval for
the transfer. By copy of this memorandum to David Harden, our
office is requesting that the resolution be placed on the City
Commission agenda for City Commission consideration.
Attachment
..Daxi~ H_~den, City Maqager
cc ~e~tn James, ~reenDerg and Traurig, P.A.
c~le~v, s~
February 16, 1993
[REVISED]
FEDERAL EXPRESS
The Honorable Tom Lynch, Mayor
The Honorable David E. Randolph, Sr.
The Honorable Jay Alperin
The Honorable Armand Mouw
City of Delray Beach
100 N.W. 1st Avenue ~
Delray Beach, FL 33444
Re: Transfer of National Cable Ltd.'s Franchise to National Cable Acquisition
Associates, LP.
Dear Mayor Lynch and Members of the City Council:
This law firm represents National Cable Ltd. ("National Cable'), a franchised
cable television provider within the City of Delray Beach (the "City"). National Cable
has reached agreement to sell and transfer all of its cable television assets to National
Cable Acquisition Associates, L.P. ("NCAA'). NCAA is a newly-formed limited
partnership organized to acquire, own~ operate and manage 100% of the cable
television assets of National Cable. NCAA is an affiliate of Olympus Communications
LP. ("Olympus"), a currently franchised cable television operator in Palm Beach,
Martin~ and St. Lucie Counties; Adelphia Communications Corporation CAdelphia");
and the Rigas family. The Rigas family controls NCAA, Olympus and Adelphia.
Adelphia has been providing cable service to certain portions of Palm Beach County
since December 19, 1989.
One of the assets of National Cable being sold and transferred to NCAA is
the cable television franchise (the "Franchise") granted by the City to provide cable
services pursuant to Resolution No. 78-89. In order to complete the acquisition of
100% of the assets of National Cable, the Franchise must be tran.qferred to NCAA.
GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A.
777 SOL'TH FLAGLER DRIVE SUITE 310 EAST P.O. BOX 20629 WEST PALM BEACH, FLORIDA 33416-0629
407-650-7900 FAX 407-655-6222
MIAMI FORT LAUDERDALE WEST PALM BEACH
The Honorable Tom Lynch, Mayor
February 16, 1993
Page 2
In order to accomplish this transfer, Section 10-16 of Ordinance No. 47-87 requires that
the transfer be approved by the City.
Both National Cable and NCAA are hereby requesting your consent, by
Resolution, to the transfer of the Franchise from National Cable to NCAA. NCAA
shall continue to comply with all applicable City ordinances and the terms and
conditions of the Franchise.
For your information, John J. Rigas, the Chairman~ President, Chief Executive
Officer and founder of Adelphia has owned and operated cable television cable systems
since 1952. Adelphia, together with the other Rigas family-owned or managed cable
systems, is one of the largest cable television operators in the United States. As of
September 30, 1992, cable television systems owned or managed by Adelphia or the
Rigas family served over 1,200,000 basic subscribers, which includes the 84,000 plus
subscribers currently served by Adelphia in Palm Beach County.
Adelphia and the Rigas family own and manage systems located in eleven
states. These systems are organized in eight regional clusters: W-e.S. tern New York,
Virginia, Western Pennsylvania, New England, Eastern Penn.~ylvania, Ohio, Coastal
New Jersey, and Southeast Florida, which includes Palm Beach, Dade, Martin and St.
Lucie Counties.
National Cable and NCAA recently filed the enclosed application requesting
the Consent of the Board of Commissioners of Palm Beach County to approve the
transfer to NCAA of National Cable's Palm Beach County cable television franchise.
(A copy of said transfer application has been enclosed for each of you.) The
information contained in the enclosed application should answer any questions you may
have about NCAA. If any other information or documentation is desired, please do
not hesitate to contact the undersigned at your convenience.
National Cable and NCAA hereby respectfully request that the matter of your
consent to the transfer of the Franchise to NCAA be placed on the agenda at your next
scheduled Council meeting. The undersigned will be most appreciative of being
notified of the date and time at which this matter will come up before the Council for
review.
GREENllERG TR&URIG
The Honorable Tom Lynch, Mayor
February 16, 1993
Page 3
Thank you for your prompt attention to this matter. We look forward to
working with you.
KAJ/mt
Enc.
cc: Mr. David Harden, City Manager (w/enc.)
Jeff Kurtz, Esq., City Attorney (w/enc.)
{~I{KI-;\III-;IIG TR~.I RI(;
UiJ L L ltj.j'i
A T T O R tV E Y $ A T L A ~Y
Keith James
407-650-7928
March 16, 1993
Susan A~ Ruby, Esq. HAND DELIVERY
Assistant City Attorney
City of De[ray Beach
200 N.W. 1st Avenue
Defray Beach, Florida 33444
Re: Consent to Transfer of National Cable Ltd.'s Franchise to National Cable
Acquisition Associates, L.P. ("NCAA")
Dear Susan:
Enclosed herewith please find true and correct copies of the following documents
which you requested in connection with the above-referenced transaction:
1. Statement of NCAA accepting the terms and conditions of the
Franchise.
2. Certificate of NCAA's authorization to do business in the State of
Florida.
3. Application by NCAA to transact business in Florida. (Sections 5 and
6 of the Application contain the name and address of the registered
agent of NCAA.)
4. Franchise Bond No. BLR-1569095 of The Hanover Insurance
Companies, in the amount of $75,000.
5. Certificate of Insurance.
cc: Fredric E. Epstien, Esq. (~// ~ ~--'~-~?
Mr. Leslie J. Gelber
Abigail Watts-FitzGerald, P.A. ~[
Collin Higgin, Esq.
GREENBERG, TRAURIG, HOFFMAN. LIPOFF, ROSEN & QUENTEL, P.A.
777 SOUTH FLAGLER DRIVE SUITE 310 EAST P.O. BOX 20629 WEST PALM BEACH, FLORIDA 33416-0629
407-650-7900 FAX407-655-6222
MIAMI FORT LAUDERDALE WEST PALM BEACH JACKSONVILLE TALLAHASSEE
15'95 21:24 No.OI? P.02
ADELPHIA
(~ABLE COMMUNICATIONS
Susan A. Ruby, Esq.
Assistant City Attorney
200 NW 1st Av~ntm
D~lmy i~1~, 1~1 33444
Re: 'rrantf~ of Natlm~t Cable l~l.'sfranchlte to National Cable Acquisition Assocltt~,
Dmtr Ms. Ruby:
Nttional Cable ^c41uJlltlon Also~i&t~, L,P. has fred th~ torres and oondttlons of
O~dlmmo~ No, 47-87 and h~r~y aooepts all the tm'ms and oonditlons lml~cd by that
Ordimn~,' whtoh Ordinance wu ptsted by the City C4mncll and apptov~ by the Mayor on
the 14th day of July, 1987, and National Cable Acquisition ~, I...P. a~rems lo be
V~-rruly yours,
NATIONAL CAI~.~ ACOUI$1~ON
ASSOCIATI~ L.P.
West Third Sheet, Couclmsport, PA 1 (d915 Olfi~e: (814) ~74-9830 Fax: (614) R'~4-~t
I certify the attached' Is a true and correct copy'of the Atfidavit and Application ol
Limited Partnership: Of.. NATIO.NAL CABLE .ACQUISTION .ASSOCIATES, L..P.,
LTD., a.'.De~..W~e.llmlted. Partn~rs.~!@,;.aUthorized .to transact business, within the
state of:F.'lo'~da on. Februery 10, 1993, as ShoWn by the records of this office.
The d0Cument num~,'r of this limited partnership is B93000000062.'~'
APPUCA'I'ION BY FOREIGN UMITE0 PARTNERSHIP
FOR AUTHORIZATION TO TRANSAQT BUEINE88 IN FLORIDA
(Name of ~n~t~ parmen~p es ~ is ~ ~'nome atate; ............
~ ~&~Io~1 Cable Acquisition.,,,.._.,, Aeeoci&Cea. L.P., Lcd.
.(if na~ ~ ~v~o. name ~Oor ~1~ ~o I~ ~emhlp ~r~sel ~ ~i~t or
, ~~ ~us~m ~ ~o~; mu~ ~ ~ ~ 'MM~ or "L~.")
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