ORDINANCE NO. BL2001-751

An ordinance approving the assignment and transfer of rights and obligations from Intermedia Partners Southeast d/b/a AT&T Broadband to Comcast Cable Communications, Inc., under a lease agreement with the Metropolitan Government.

Whereas, by Ordinance No. 082-902, the Metropolitan Council approved a lease agreement (the "Lease") between The Metropolitan Government of Nashville and Davidson County and Viacom Cablevision ("Viacom") for the construction, operation, and maintenance of a sub-headend station for use in Viacom's cable television franchise in Metropolitan Nashville; and,

Whereas, by Ordinance No. 096-514, the Metropolitan Council approved the assignment and transfer of the rights and obligations under the Lease from Viacom to Intermedia Partners Southeast ("Intermedia") following the transfer of the cable television franchise from Viacom to Intermedia; and,

Whereas, through a series of transactions as approved by the Council in Substitute Ordinance No. BL2001-591, Intermedia has transferred its rights and obligations under the cable television franchise to Comcast Cable Communications, Inc. ("Comcast"); and

Whereas, Comcast wishes to assume the rights and obligations of the Lessee under the Lease; and,

Whereas, it is in the best interests of the Metropolitan Government to consent to the assignment and transfer of the rights and obligations under the Lease from Intermedia to Comcast.

Now, Therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County that:

Section. 1. That the transfer of the rights and obligations under the Lease, a copy of which is attached hereto as Exhibit A, from Intermedia to Comcast is hereby approved.

Section 2. That the Director of Public Property Administration is hereby authorized to execute the Letter of Consent to the assignment and transfer attached hereto as Exhibit B and incorporated herein by reference.

Section 3. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Amanda McClendon & Howard Gentry & Tony Derryberry

LEGISLATIVE HISTORY

Introduced: June 19, 2001
Passed First Reading: June 19, 2001
Referred to: Budget & Finance Committee
CATV Special Committee
Passed Second Reading: July 17, 2001
Passed Third Reading: August 7, 2001
Approved: August 9, 2001
By: Mayor Bill Purcell