HomeMy WebLinkAbout92-05 CITY OF PRIOR LAKE
ORDINANCE NO. 92-05
AN ORDINANCE AMENDING CITY OF PRIOR LAKE ORDINANCE NOS. 83-08 AND
88-21 AND PRIOR LAKE CITY CODE SECTION 3-11-1 OF TITLE 3,
CHAPTER 11.
The City Council does hereby ordain:
Prior Lake City Code Section 3-11-1 of Title 3, Chapter 11, is
hereby amended to read as follows:
3-11-1: ADOPTED BY REFERENCE: The City Council of Prior
Lake hereby adopts by reference the Cable Television Franchise
Ordinance, No. 83-08, as amended by Ordinance Nos. 88-21 and
92-05, copies of which are available in the office of the City
Manager.
Prior Lake Ordinance Nos. 83-08 and 88-21 are hereby amended as
follows:
Article I, Section 2(I), is hereby amended to read as follows:
I. "Grantee" is DD Cable Partners, L.P., a California
limited partnership, its agents or employees.
Article II, Section 8, is hereby amended to read as follows:
SECTION 8. WRITTEN NOTICE
All notices, reports or demands that are required to be given
in writing under this Franchise shall be deemed to be given when
delivered personally to any officer of Grantee or the City
Manager of this Franchise or 48 hours after it is deposited in
the United States mail in a sealed envelope, with registered or
certified mail postage prepaid thereon, addressed to the party to
which notice is being given, as follows:
If to City: City Manager
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
If to Grantee: DD Cable Partners, L.P. Suite 420
235 Montgomery Street
San Francisco, CA 94104
Attn: Leo J. Hindery, Jr.
Such addressees and addresses may be changed by either party
upon notice to the other party as provided in this section.
This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this 4th
day of ~_.~ay , 1992.
AT~EST:
C n May6r ~
This Franchise, as amended, is accepted, and we agree to be bound
by all its terms and conditions.
DD CABLE PARTNERS, L.P.,
a California limited partnership
By INTERMEDIA PARTNERS II, L.P.,
a California ii.tie, partnership,
as its general ~art~
Its
Date:
Published in the Prior Lake American on the _3r~d day of
/.A~gust , 1992.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
ACCEPTANCE AND ~ERTIFI~ATE
DD CABLE PARTNERS, L.P., a California limited partnership,
does hereby (i) accept the assignment to it of the Cable
Television Franchise Ordinance (the "Franchise") described in
Attachment A to Exhibit A attached hereto and further agrees with
the City, Commission or other franchising authority identified in
the Franchise (the "Franchisor") to perform all of the conditions
and terms thereof· including the furnishing to the Franchisor of
the performance bond, evidence of insurance and other items
required by the Franchise, (ii) agrees that, except insofar as
the undersigned as Franchisee under the Franchise shall be
hereafter required to perform all of the conditions and terms
thereof· including the furnishing of items as required by the
Franchise as herein agreed and shall be entitled the benefits of
Franchise, the provisions of the Franchise remain in full force
and effect, and (iii) certifies that attached hereto as Exhibit A
is a true and correct copy of an Instrument of Assignment and
Assumption evidencing the assignment of the Franchise to the
undersigned by Star Midwest, Inc., a Wisconsin corporation.
IN WITNESS WHEREOF, the undersigned has caused th~_
AccePtance and Certificate to be executed as of the~ day of
· 1992.
DD CABLE PARTNERS, L.P.,
a California limited partnership
By INTERMEDIA PARTNERS II, L.P.,
a California limited partnership,
By as its~
EXHIBIT A
INSTRUMENT QF ASSIGNMENT AND ASSUMPTION
Star Midwest, Inc., a Wisconsin corporation ("Assignor")
hereby assigns all of its right, title and interest in and to the
Cable Television Franchise Ordinance described on Attachment A
attached hereto (the "Franchise"I to DD Cable Partners, L.P., a
California limited partnership, ~ts successors and assigns
("Assignee").
Assignee hereby accepts such assignment and assumes all
obligations under the Franchise.
IN WITNESS WHEREOF, Assignor and %~ignee have caused this
instrument to be executed as of the ~-hD-day of ~
1992.
Assignor: STAR MIDWEST, INC.
Date:
Assignee: DD CABLE
By:
Its: ~~., ~ ~tp O.~-~'6;v~
Date:
ATTACHMENT A
City of Prior Lake Ordinance Nos. 83-08 and 88-21, as amended by
Ordinance No. 92-05.