RES 1997-09TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 9 7 - 0 9
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS APPROVING THE
TRANSFER OF THE TOWN'S CABLE TELEVISION
FRANCHISE FROM HARRON CABLEVISION OF TEXAS,
INC. TO MARCUS CABLE ASSOCIATES, INC.;
PROVIDING THAT MARCUS MUST FILE WITH THE
TOWN ITS ACCEPTANCE OF THE TERMS OF THE
FRANCHISE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 87-11, the Town of Trophy Club, Texas (the "Town")
granted a cable television franchise (the "Franchise") to Planned Cable Systems Corporation
( "Planned Cable"); and
WHEREAS, by Resolution No. 93-06, the Town approved the transfer of the Franchise
from Planned Cable to Harron Communications Corporation ("Harron Communications"); and
WHEREAS, following the transfer to Harron Communications, Harron Communications
transferred the Franchise to its affiliate, Harron Cablevision of Texas, Inc. ("Harron"); and
WHEREAS, Harron, Harron Communications, and Marcus Cable Associates, L.P. , a
Delaware limited partnership ("Marcus") have entered into that certain Asset Purchase
Agreement (the "Purchase Agreement") dated March 4, 1997 providing for the sale by Harron
and Harron Communications of certain cable television properties, including the Franchise, to
Marcus or an affiliated entity controlling, controlled by, or under common control with Marcus
(the "Marcus Affiliate"); and
WHEREAS, the Town Council hereby finds that the transfer from Harron to Marcus or
a Marcus Affiliate is in the best interests of the Town, and now desires to approve the transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of premises. The above and foregoing is true and correct
and incorporated herein and made a part hereof for all purposes.
Section 2. Transfer of Franchise. In accordance with Section 6 of Ordinance No. 87-
11, the Town does hereby authorize and approve the transfer of the Franchise from Harron
Cablevision of Texas, Inc. to Marcus Cable Associates, L.P. or a Marcus Affiliate; provided,
however, that the said approval shall not be effective unless and until Marcus or the Marcus
Affiliate, as the case may be, shall file with the Town Secretary its unconditional acceptance of
the terms of the Franchise and promise to comply with all of the provisions, terms and
conditions of the Franchise; and provided further that the consent to transfer herein provided
shall be effective upon and only effective concurrent with the closing of the transactions
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described in the Purchase Agreement and the subsequent transfer of the assets related to the
Franchise to Marcus, and Marcus shall notify the Town promptly upon the closing of such
transactions. The said acceptance by Marcus shall be in that form set forth in Section 6 of the
Franchise, and shall be filed within the time limit set forth therein.
Section 3. Breach. To the best knowledge of the Town, no breach of the Franchise
has occurred or is continuing as of the date of this Resolution.
Section 4. Effective date. Except as provided in Section 2 hereof, this Resolution
shall become effective from and after its date of adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 15th day of May , 1997.
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town orney,
Town of Trophy Club, Texas
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DOC #: 485046