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4042 <br />nz 16 -I:c_ 561 <br />WHEREAS, the Board adopted a resolution on August 19, 1996, granting the <br />consent of Lee County to the sale, transfer, and assignment of the non-exclusive cable <br />franchise from Cencom Partners, L. P. to Charter Communications I, L. P.; and <br />WHEREAS, the correct name of transferee is Charter Communications, L. P.; <br />NOW, THEREFORE, I move to amend the resolution previously adopted by <br />deleting the words "Charter Communication I, L. P." wherever they appear in said <br />resolution and inserting in lieu thereof the words, "Charter Communications, L. P.; so that <br />the resolution as amended reads as follows: <br />A RESOLUTION GRANTING THE CONSENT OF <br />LEE COUNTY TO THE SALE, TRANSFER AND <br />ASSIGNMENT OF THE NON-EXCLUSIVE CABLE FRANCHISE <br />FROM CENCOM PARTNERS, L. P., TO <br />CHARTER COMMUNICATIONS, L. P. <br />WHEREAS, Lee County granted the predecessor in interest to Cencom Partners <br />L. P.; ("Cencom"), a non-exclusive franchise to construct, operate and maintain a cable <br />system within Lee County; and <br />WHEREAS, said franchise was extended by resolution adopted on July 22, 1996 <br />to October 7, 1996; and <br />WHEREAS, Cencom has requested the County to consent to the sale, transfer <br />and assignment of said franchise to Charter Communications, L. P. ("Charter"); and <br />WHEREAS, Cencom has filed a FCC Form 394 application requesting the <br />County's consent of the sale, transfer and assignment of the franchise to Charter; and <br />WHEREAS, the County has reviewed the transfer application and has examined <br />the legal, financial and technical qualifications of Charter; and <br />WHEREAS, according to the information submitted by Cencom and Charter as <br />exhibits to FC Form 394, the management of Cencom and Charter is substantially the <br />same; <br />NOW, THEREFORE, BE IT RESOLVED, that the County hereby gives its <br />approval to the sale, transfer and assignment of the cable system serving the County and of <br />the rights under the franchise from Cencom to Charter subject to the following conditions <br />which shall become effective if the transfer is consummated and Charter accepts the terms <br />and conditions contained herein by affixing its signature below, <br />1. Charter shall be bound by the cable television franchise ordinance originally <br />adopted on August 17, 1981, and agrees to perform all conditions thereof. <br />11 <br />