HomeMy WebLinkAboutOrd 1390 - Transfer of Cable TV Franchise from Group W Cable to TCI Cablevision (Repealed by Ord 1394) kLA
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1908
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. qO
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
CONSENTING TO THE TRANSFER OF A CABLE TV FRANCHISE FROM
GROUP W CABLE INC., TO TCI CABLEVISION OF WASHINGTON,
INC., AMENDING SECTIONS 1 AND 3 OF ORDINANCE NO. 1074 OF
THE CITY TO CHANGE REFERENCES THEREIN FROM "NORTHWEST
CABLEVISION, INC., DBA TELEPROMPTER CORPORATION TO TCI
CABLEVISION OF WASHINGTON, INC., PROVIDING THAT SUCH
CONSENT IS SUBJECT TO CERTAIN TERMS AND CONDITIONS AND
ESTABLISHING EFFECTIVE DATE.
WHEREAS, Group W Cable, Inc. operates and maintains a cable
television system in the City of Tukwila pursuant to Ordinances
1074 and 1060, and
WHEREAS, Group W Cable's parent corporation, Westinghouse
Broadcasting and Cable, Inc., has indicated a desire to sell and
otherwise transfer all of its interest in Group W Cable to Century
Southwest Cable Television, Inc., TCI Holdings, Inc., American
Television and Communications Corporation, Houston Industries,
Inc., Comcast Corporation, Daniels and Associates, Inc., and ATC,
and
WHEREAS, the Purchasers of Group W Cable, Inc. have indicated
to the City their intent to transfer control of and /or assign the
cable television system formerly operated by Group W Cable to TCI
Cablevision of Washington, Inc., and have requested that the City
consent to said transfer and the transfer of the Franchise granted
by Ordinances 1074 and 1060, and
WHEREAS, in accord with the terms of Ordinance 1060, the City
Council held a public hearing on May 19, 1986 to consider the
proposed transfer and has determined to approve the transfer
subject to certain terms and conditions, now, therefore,
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Consent to Transfer of Franchise. The City of
Tukwila hereby consents to the transfer of control of Group W
Cable, Inc. to Century Southwest Television, Inc., TCI Holdings,
Inc., American Television and Communications Corporation, Houston
Industries, Inc., Comcast Corporation, Daniels and Associates,
Inc., and ATC. The City hereby further consents to the transfer
of control and assignment of the Franchise granted to Group W
Cable under Ordinances 1074 and 1060 to TCI Cablevision of
Washington, Inc. Said consent is expressly conditioned upon
acceptance by TCI Cablevision of Washington, Inc., of those terms
and conditions set forth in Ordinances 1074 and 1060 and in the
Consent to Transfer of Control and Franchise attached hereto as
Exhibit A and incorporated herein by this reference as if fully
set forth. The Mayor is hereby authorized to execute and the City
Clerk to attest to said Consent to Transfer of Control and
Franchise.
Section 2. Amendment of Ordinance 1074. Sections 1 and 3 of
Ordinance 1074 of the City of Tukwila are hereby amended to read
as follows:
Section 1. Purpose. This Franchise shall constitute an
agreement between the City of Tukwila and TCI Cablevision of
Washington, Inc. (Grantee), to construct, maintain and
operate a CATV system for the distribution of television
signals.
Section 3. Terms of the Franchise. This Franchise granted
to TCI Cablevision of Washington, Inc., shall not be deemed
to be exclusive and shall not in any manner prevent the City
of Tukwila from granting other or further Franchises. As a
condition of the granting of such Franchise the Grantee shall
agree in writing to abide by all of the terms, conditions,
requirements, obligations and duties outlined in ordinance
1060 of the City of Tukwila, passed by the City Council on
June 19, 1978, and shall further agree to;
a) Underground, at Grantee's sole cost and expense,
cable service to 55th Street (currently in progress),
Interurban Avenue between I -5 and I -405, and 58th Avenue from
142nd to 149th Streets; and
b) To provide the City free nonexclusive use of one
local access channel and assist the City without charge in
preparing and providing the use of a character generated
community bulletin board on such channel.
Section 3. Severability. If any section, sentence, clause or
phrase of this Ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 4. Effective Date. This ordinance or a summary
thereof shall be published in the official newspaper of the City,
and shall take effect and be in full force five (5) days after the
date of publication, provided that the Consent to Transfer of
Control and Franchise granted by this Ordinance shall not be
effective until all terms and conditions of such consent are
accepted in writing by TCI Cablevision of Washington, Inc.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this 9 day of
1986.
APPROVED:
l
M' GARY I. VAN DUSEN
ATTEST /AUTHENTICATED:
C'ITY'CLERK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATRN Y
Ae' ,0%40
CITY CLERK: FILED WITH THE CI 5 /a g
S
PASSED BY THE CITY' COUNCIL: P
PUBLISHED:
EFFECTIVE DATE: s
ORDINANCE NO. /290
CONSENT TO TRANSFER OF CONTROL AND FRANCHISE
THIS CONSENT of the City of Tukwila, Washington (hereinafter
referred to as "Grantor is granted according to the terms set
forth below.
WHEREAS, Group W Cable, Inc., a New York Corporation "Group
W Cable operates and maintains a cable television system "the
System in Grantor's community pursuant to and under the
conditions of that certain franchise granted by City of Tukwila
ordinances 1074 and 1060 "the Franchise and
WHEREAS, Group W Cable's parent corporation, Westinghouse
Broadcasting and Cable, Inc., and Indiana corporation
"Westinghouse desires to sell and otherwise transfer all of
the issued and outstanding shares of the capital stock of Group W
Cable to Century Southwest Cable Television, Inc., a Delaware
corporation, TCI Holdings, Inc., a Colorado corporation, American
Television and Communications Corporation "ATC a Delaware
corporation; and affiliates of, or subsidiaries or partnerships
owned or controlled by, Houston Industries, Inc., a Texas
corporation, Comcast Corporation, a Pennsylvania corporation,
Daniels and Associates, Inc., a Delaware corporation, and ATC, as
are specifically identified in Exhibit A attached hereto and
incorporated herein by this reference as if set forth in full (the
foregoing entities being hereinafter referred to as "the Buyers
and thereby transfer control of Group W Cable to the Buyers, and
WHEREAS, upon liquidation of Group W Cable, Inc., the Buyers
intend to cause the transfer of the System to a wholly -owned sub-
sidiary of Group W Cable, Inc. "GWC Affiliate and
WHEREAS, the Buyers presently intend to cause Group W Cable
to transfer control of and /or assign the System to TCI Cablevision
of Washington, Inc., a Washington corporation and direct
subsidiary of TCI Holdings, Inc. "the Transferee after the
closing of the foregoing stock sale "the Closing Date and
WHEREAS, the Franchise provides that any transfer of the
Franchise must have prior written approval of the Grantor and that
such approval may be granted by the Grantor's City Council only
after a public hearing and under the same terms and conditions as
an original application, and
WHEREAS, the Grantor's City Council held a public hearing on
the transfer on May 19, 1986 and determined that the transfer
should be approved subject to certain conditions relating to the
undergrounding of cable service and the provision of nonexclusive
use of a local access channel to the City, now, therefore,
SUBJECT TO the terms and conditions set forth below, the
Grantor agrees as follows:
1) Consent to Transfer of Control and Franchise. Subject
to acceptance of the terms and conditions set forth in Paragraphs
2, 3 and 4 below, the Grantor hereby consents to:
a) The sale by Westinghouse of all of the issued and
outstanding shares of the capital stock (and the transfer of
control) of Group W Cable to the Buyers on the Closing Date;
b) The assignment and transfer of the System and
Franchise to a wholly owned subsidiary of Group W Cable; and
c) The transfer of control and /or assignment of the
System and Franchise to the Transferee after the Closing Date.
2) Undergrounding Cable Service. The Transferee or Holder
of the Franchise shall underground, at the Transferee or Holder's
sole cost and expense, cable service to 55th Street (currently in
progress), Interurban Avenue between I -5 and I -405, and 58th
Avenue from 142nd to 149th Street in the City of Tukwila.
CONSENT TO TRANSFER OF CONTROL AND FRANCHISE
Page 2
3) Local Access Channel. The Transferee or Holder of the
Franchise shall provide the City of Tukwila free nonexclusive use
of one (1) local access channel on the System and shall assist the
City without charge in preparing and providing the use of a
character generated community bulletin board on such channel.
4) The Transferee and Holder of the Franchise shall be
subject to all terms and conditions of the Franchise granted by
ordinances 1074, 1060 and /39,0 and shall promptly after the
date of the assignment and /or transfer of the Franchise
contemplated by this consent, execute and deliver to Grantor its
acceptance of, and its agreement and undertaking to perform all of
the duties and obligations under, such Franchise, ordinances and
this Consent.
DATED this /9 day of %n ,,f 1986.
J
GRANTOR:
CITY OF TUK,I
B J_2
GARY -L. `VAN PUSEN, MAYOR
ATTEST AUTHENTICATED:
ED
By
'MAXIN�SON CITY CLERK
APPROVED AS TO FORM:
OFFICE F THE CITY ATT NEY
'AZ,/ 4
Oir
SUMMARY OF ORDINANCE NO. /:990
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
CONSENTING TO THE TRANSFER OF A CABLE TV FRANCHISE FROM
GROUP W CABLE INC., TO TCI CABLEVISION OF WASHINGTON,
INC., AMENDING SECTIONS 1 AND 3 OF ORDINANCE NO. 1074 OF
THE CITY TO CHANGE REFERENCES THEREIN FROM "NORTHWEST
CABLEVISION, INC., DBA TELEPROMPTER CORPORATION TO TCI
CABLEVISION OF WASHINGTON, INC., PROVIDING THAT SUCH
CONSENT IS SUBJECT TO CERTAIN TERMS AND CONDITIONS AND
ESTABLISHING EFFECTIVE DATE.
On /9 1986, the City Council of the City
of Tukwila passed Ordinance No. /3942 which provides as
follows:
Section 1. Consents to a transfer of ownership of Group W
Cable, Inc. and consents to transfer of the cable television
franchise granted by Ordinances 1074 and 1060 to TCI Cablevision
of Washington, Inc.
Section 2. Amends Sections 1 and 3 of Ordinance 1074 to
change references from Northwest Cablevision, Inc., dba
Teleprompter Corporation to TCI Cablevision of Washington, Inc.
and to provide that the Franchise is subject to all terms and
conditions of Ordinances 1060 and 1074 and the Consent to Transfer
of Control and Franchise approved by this Ordinance.
Section 3. Provides for severability of the clauses and
phrases of the Ordinance.
Section 4. Establishes an effective date.
The full text of this Ordinance will be mailed without charge
to anyone who submits a written request to the City Clerk of the
City of Tukwila for a copy of the text.
APPROVED by the City Council at their meeting of
19 1986.
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G EiZ�/ `_rte
'M'AR'INE' ANDERSON, CITY CLERK
Publish: Record Chronicle Friday, May 23, 1986