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CITY OF GEM LAKE <br />RESOLUTION NO. 97-12 <br />18 August 1997 <br />WHEREAS, all written comments and staff reports have beenreceived and made part of the record; and <br />WHEREAS, following review and investigation, the City of Gem Lake has concluded that the Applicant <br />has established that it meets the legal, technical and financial criteria to operate the CATV system and has <br />satisfied all criteria set forth in and/or under ail applicable or required City of Gem Lake and federal <br />documents, laws, rules and regulations, including FCC form #394. <br />NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Gem Lake hereby gives <br />it's approvalto the sale, transfer and assignment of the cable system serving the City of Gem Lakeland of <br />the rights under the, franchise. from MediaOne to MAC; and <br />BE IT FURTHER RESOLVED, that <br />1. The City of Gem Lake hereby confirms that the Franchise is valid and outstanding and in full <br />force and effect; and <br />2. Upon passage of this transfer Resolution, MAC shall be bound by the terms and conditions <br />of this franchise. <br />3. As of the date of this Resolution No. 97-12, MediaOne is deemed in material compliance <br />with the Franchise Agreement. <br />4. This Resolution No. 97-12 shall be effective upon execution by the City Council. <br />5. Upon acceptance of this Resolution No. 97-12 by signing below, MAC may encumber all or <br />any part of interest of MAC in and under the Franchise Agreements, for financing puzposes, <br />by one or more security agreements, devises, mortgages, deeds of trust or other <br />encumbrances from MAC to any lender providing financing to MAC from time to time and <br />encumbering any property or assets of MAC under the Franchise Agreement. <br />Page 2 of <br />