14-1-1 Chapter 1: Adoption (Citizens Cable)The franchise grant and contract, a copy of which is attached hereto is duly executed and entered into by and between Allen County, Indiana, and Citizens Cable of Allen County, Inc., such Franchise having been hereby adopted by Ordinance by the Board of County Commissioners of Allen County, Indiana this 12th day of July, 1976.
14-1-2 Chapter 2: Adoption (Triax)The franchise grant and contract, a copy of which is attached hereto by and between the Board of Commissioners of Allen County, Indiana, and Triax Associates I, an Ohio general partnership, doing business as Triax Cablevision, is hereby duly executed and entered into, and is hereby adopted by Ordinance by the Board of County Commissioners of Allen County, Indiana this 15th day of April, 1985.
14-1-3 Chapter 3: Adoption (Decatur Cable)The franchise grant and contract, a copy of which is attached hereto, by and between the Board of Commissioners of Allen County, Indiana, and Decatur Cable Co., an Indiana Partnership, is hereby duly executed and entered into and is hereby adopted by Ordinance by the Board of County Commissioners of Allen County, Indiana, effective the 5th day of January, 1987.
14-1-4 Chapter 4: Adoption (Country Cable)The franchise grant and contract, a copy of which is attached hereto, by and between the Board of Commissioners of Allen County, Indiana, and Country Cable Systems, Inc., an Indiana corporation, is hereby duly executed and entered into and is hereby adopted by Ordinance by the Board of County Commissioners of Allen County, Indiana, effective the 10th day of April, 1989.
14-1-5 Chapter 5: Adoption (MW1 Cablesystems, Inc.)The franchise grant and contract, a copy of which is attached hereto, by and between the Board of Commissioners of Allen County, Indiana, and MW 1 Cablesystems, Inc., a Delaware corporation, having its principal office at Martinsville, Indiana, is hereby duly executed and entered into and is hereby adopted by Ordinance by the Board of County Commissioners of Allen County, Indiana, effective the 22nd day of May, 1989.
Board of Commissioners of Allen County, Indiana
Ordinance Renewing Cable Television Franchise with Comcast Cablevision of Indiana
WHEREAS, a public hearing was held on March 26, 1991, at 9:00 a.m., to consider a proposed non-exclusive Franchise Agreement and contract between the County of Allen and Comcast Cablevision of Indiana and the Ordinance relative thereto for the purpose of providing cable television services to Allen County, Indiana; and
WHEREAS, a notice of public hearing regarding that cable television franchise proposal was published in the Fort Wayne Journal Gazette on March 1, 1991, and March 22, 1991; and
WHEREAS, at said public hearing the Board of Commissioners determined it to be in the best interest of the County to renew said franchise pursuant to the terms of said contract which is attached hereto, made a part hereof, and incorporated by reference;
IT IS THEREFORE ORDERED AND RESOLVED, to amend section 14-1 to Allen County Code Title 14 as set forth in the attached contract which is hereby duly approved and adopted.
BOARD OF COMMISSIONERS OF ALLEN COUNTY
ATTEST:
Linda Bloom, Allen County Auditor
Executed this 26th day of March, 1991
Exhibit "A"
July 28, 1986
Allen County, Indiana
Gentlemen:
Please be advised that in reliance upon Resolution adopted on June 23, 1986 by the County of Allen, Indiana, Triax Associates I, d/b/a Triax Cablevision ("Assignor") has as of the 28th day of July, 1986, transferred to Triax Associates I, L.P., a Missouri limited partnership ("Assignee"), all of Assignor's right, title and interest in that cable television franchise granted to Triax Associates I, d/b/a Triax Cablevision by Title 14, Article III and Article IV of the Allen County Code as adopted and approved by Ordinance dated April 15, 1985. The Assignee hereby assumes and agrees to perform all of the terms and conditions of said franchise.
Please evidence your receipt of this notice and your consent to the transfer by signing the enclosed photocopy of this letter and mailing the same to Assignee in the enclosed self addressed stamped envelope.
I thank you in advance for your cooperation.
Sincerely,
"Assignee" "Assignor" TRIAX ASSOCIATES I, L.P. TRIAX ASSOCIATES I
Acknowledged and consented to this 26th day of August, 1986. Title 14, Article III and Article IV of the Allen County Code as adopted and approved by Ordinance dated April 15, 1985 granting said franchise and Resolution consenting to the transfer of the franchise to Assignee, as adopted by this County on April 15, 1985, and June 23, 1986, respectively, remain in full force and effect, without any changes, modifications or amendments thereto, and the facts recited therein remain true and correct.
COUNTY OF ALLEN, INDIANA
Allen County Board of Commissioners
August 8, 1985
Citizens Cable Communications, Inc. 720 Taylor Street Fort Wayne, IN 46804
Attention: Mr. John F. Bonsib, Chairman
In re: Triax Cablevision Franchise
Gentlemen:
You have made inquiry to us regarding a certain "Contract with Cable Television Company" between the County of Allen and Triax Associates I, dated April 15, 1985.
The application for the Triax franchise was presented to the County on the basis that Triax desired permission to serve the towns of Leo and Grabill, and populated areas in the immediate vicinity of those towns.
At the hearing that was held before the Board of County Commissioners the representatives from Triax represented that Triax did intend only to serve those particular areas, and would not attempt to serve additional areas without coming to the Board for additional authority.
Although the Triax Agreement describes an area which might be interpreted to encompass the entire County, it is our understanding of it that it presently authorizes only service in the Leo-Grabill areas.
This would not, of course, preclude Triax from later asking for authority to serve additional parts of the County, in which case our decision as to such authority would be made at that time.
We hope this letter furnishes the information you sought.
Sincerely,
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN
August 12, 1985
Triax Cablevision 144 South River Road P.O. Box 170 Waterville, Ohio 43566
Attention: David M. Downey
Dear David:
Citizens Cable recently raised a question concerning the area in which you would be constructing cable t.v. services. As you may know, Citizens is in the process of selling their franchise. Apparently, their buyer raised a question about where they were facing competition from competing systems.
Since your ordinance, dated April 15, 1985, specifically referred to the fact in the second "whereas" clause that you were "particularly" interested in providing cable services in the Northern part of the County in the vicinity of the Town of Grabill, the Commissioners sent the enclosed letter to Citizens Cable indicating that you intended to serve only the general Leo-Grabill area and that you would not attempt to serve additional areas without coming to the Board of Commissioners. Hopefully, this letter doesn't cause you any problems. I do believe that it appropriately reflects the intent of the Commissioners at the time that they passed the ordinance on April 15, 1985.
Please contact me if you have any problems.
Sincerely,
ALLEN COUNTY ATTORNEY
W. PAUL HELMKE, JR. ASSISTANT COUNTY ATTORNEY
CC: Board of Commissioners of Allen County
Exhibit "B" - Resolution to Transfer RightsRESOLUTION
WHEREAS, the County of Allen, Indiana, granted a cable television franchise to Triax Associates I, d/b/a Triax Cablevision ("Assignor") on April 15, 1985, which franchise contract is incorporated in Allen County Code, Title 14, Article 3, and was adopted and approved by Ordinance dated April 15, 1985 (Allen County Code, Title 14, Article 1, Chapter 2) (hereinafter, the "Cable TV Franchise"); and
WHEREAS, Assignor has agreed to transfer its assets, including the above described franchise to Triax Associates I, L.P. ("Assignee"), a Missouri limited partnership, with offices located c/o Gallop, Johnson & Neuman, 7733 Forsyth - Suite 1800, Clayton, Missouri 63105; and
WHEREAS, A.C.C. 14-3-25 requires the consent of the Board of Commissioners of Allen County to transfer the Cable TV Franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ALLEN COUNTY, AS FOLLOWS:
I. Consent is hereby given to the transfer of the Cable TV Franchise from Triax Associates I, d/b/a Triax Cablevision to Assignee, effective upon the closing of the transfer of assets under the formal Acquisition Agreement between Assignor and Assignee. Assignor and Assignee shall notify the County of the closing by a letter in substantially the form attached hereto as Exhibit "A", and the Commissioners of this County shall acknowledge receipt of such notice and the continued effectiveness of these Resolutions.
II. The Board of Commissioners acknowledge that there have been no amendments or modifications to the Cable TV Franchise, except for the clarification expressed in the letter of August 8, 1985 to Citizens Cable Communicators, Inc. and August 12, 1985 to Assignor, copies of which are attached, and, to the knowledge of the County, there are no defaults under the Cable TV Franchise.
III. The Cable TV Franchise shall remain in full force and effect in accordance with its terms in all respects as written in Title 14, Article III, of the Allen County Code as adopted and approved by Ordinance dated April 15, 1985.
Adopted this 23rd day of June, 1986.
BOARD OF COMMISSIONERS OF ALLEN COUNTY
ATTEST:
ALLEN COUNTY AUDITOR
DisclaimerThis version of the Allen County Code is an unofficial copy of the Code converted from a paper copy provided by the Allen County Attorney. Updates are added by IPFW Helmke library as received. Contact the issuing agency or the county attorney for the definitive edition.
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