HomeMy WebLinkAboutCityMgrForm.1498.11-07-1979 . • , _ �
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CITY MANAGER FORM ORDINANCE NO. ''�� ��
AN ORDINANCE APPROVING THE CHANGE IN OWNERSHIP OF THE GRANTEE OF
THE CABLE T.V. FRANCHISE TO ALLOW THE ADDITION OF CREST COMMUNICATIONS
AND CALE W. HUDSON
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPF GIRARDEAU,
MISSOURI, AS FOLLOV7S:
SECTION l. Pursuant to Section 7A-23 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, the Grantee ' s request to
bring about a change in the ownership of Cape Girardeau Cable
T.V. , a Missouri Partnership, the Grantee of the Cable T.V.
Franchise, is hereby approved and authorized, provided that Cape
Girardeau Cable T.V. , a Missouri Partnership, and all of its
partners prior to this change of ownership shall remain fully
obligated and liable for full performance of the Franchise Agreement
until the cable T.V. system is completed, and formally accepted
by the City Council.
SECTION 2 . Crest Com�munications, Inc . and Cale W. Hudson
are hereby approved as additional partners of Cape Girardeau
Cable T.V. , a Missouri Partnership, the Grantee ,ar.der Cit1� '�anacxer_
Form Ordinance No. 1274 , and are subject to all of the terms and
provisions of said Ordinance.
SECTION 3 . As a further condition for the approval of
change in ownership as set out in Sections 1 and 2 of this
Ordinance, a Guarantee Agreement dated the date of this Ordinance
and signed by the original partners of Cape Girardeau Cable T.V.
shall be made a part of this Ordinance and incorporated herein as
though fully set out.
SECTION 4 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any Court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
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provision and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
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PASSED AND APPROVED THIS y � DAY OF ;1 �_�`f''-'i'����'� G--, 1979 .
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MAYOR
ATTEST:
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CITY CLE K
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ACCEPTANCE OF FRANCHISE
Comes now Crest Communications, Inc. , a Kansas Corporation,
authorized to do business in the State of Missouri, and Cale W.
Hudson, and agree, jointly and severally with Cape Girardeau
Cable T.V. , a Missouri Partnership, to assume full responsibility
and lia�ility for the performance of all obligations as Grantee
under City Manager Form Ordinance No. 1274 , and further expressly
accept and agree to be bound by all of the terms and provisions
of said Ordinance.
It is the intention of Cape Girardeau Cable T.V. , a Missouri
Partnership, the City of Cape Girardeau, Missouri, Crest Communications,
Inc. , and Cale W. Hudson that this action is taken for the sole
purpose of adding an additional party as Grantee for the purpose
of facilitating financing for the Grantee. It is expressly
agreed and understood that the Grantee, Cape Girardeau Cable T.V.
and all of its partners, shall remain fully responsible, liable
and obligated under the o.riginal Franchise Agreement until formal
acceptance of the completed cable T.V. system by the City Council.
Then and at that time it is the intention of the City that certain
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of the original partners will be released from responsibility and
liability as Grantees under the original Franchise.
CAPE GIRARDEAU CABLE T.V. , INC.
a ry Hu son, resident
ATTEST:
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' Secretar ` '
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Robert F E r
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C"ecil Tate
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Henry L. Jones
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Jerry 5. E tes
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Jame H. Estes
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�Maurice Dunklin
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Harold B. �e���.r,� , ;
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La H son
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Cale W. Hudson
CREST COMMUNICATIONS, INC.
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President
ATTEST:
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Secretary