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HomeMy WebLinkAboutOrd 1394 - Transfer of Cable TV Franchise from Group W Cable to TCI Cablevision ■4M- M"..; ihimr C) 00. City of Tukwila Washington Cover page to Ordinance 1394 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CONSENTING TO THE SALE OF GROUP W CABLE, INC. TO FIVE BUYERS, CONSENTING TO THE ASSIGNMENT AND/OR TRANSFER OF A CABLE TV FRANCHISE TO A WHOLLY-OWNED SUBSIDIARY OF GROUP W CABLE, CONSENTING TO THE CHANGE OF CONTROL OF THE WHOLLY-OWNED AFFILIATE 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, INC.," TO THE GWC AFFILIATE AND TCI CABLEVISION OF WASHINGTON, INC.," PROVIDING THAT SUCH CONSENT IS SUBJECT TO CERTAIN TERMS AND CONDITIONS AND REPEALING ORDINANCE NO. 1390. Ordinance 1394 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: 1403 o CITY OF TUKWILA WASHINGTON 0042.080.001 ORDINANCE NO. JEH /ko 05/06/86 06/12/86 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CONSENTING TO THE SALE OF GROUP W CABLE, INC. TO FIVE BUYERS, CONSENTING TO THE ASSIGNMENT AND /OR TRANSFER OF A CABLE TV FRANCHISE TO A WHOLLY -OWNED SUBSIDIARY OF GROUP W CABLE, CONSENTING TO THE CHANGE OF CONTROL OF THE WHOLLY -OWNED AFFILIATE 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, INC.," TO "THE GWC AFFILIATE AND TCI CABLEVISION OF WASHINGTON, INC.," PROVIDING THAT SUCH CONSENT IS SUBJECT TO CERTAIN TERMS AND CONDITIONS AND REPEALING ORDINANCE NO. 1390. 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, and affiliates of, or subsidiaries or partnerships owned or controlled by, Houston Industries, Inc., Comcast Corporation, Daniels and Associates, Inc., and ATC (hereinafter referred to as "the Purchasers and WHEREAS, upon liquidation of Group W Cable Inc., the Purchasers intend to cause the transfer of the cable television system to a wholly -owned subsidiary of Group W Cable, Inc. (hereinafter referred to as "the GWC Affiliate 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 and the GWC Affiliate to TCI Cablevision of Washington, Inc., an affiliate of TCI Holdings, 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 12, 1986 to consider the proposed transfer and approved the transfer subject to certain terms and conditions by the passage of Ordinance No. 1390 on May 19, 1986, and, WHEREAS, Group W Cable, Inc. and TCI Cablevision of Washington, Inc. have requested that the City Council replace Ordinance No. 1390 with a new ordinance which more fully describes the process by which Group W Cable, Inc. will be liquidated and transferred to a wholly -owned subsidiary and by which control of the subsidiary will be transferred to TCI Cablevision of Washington, Inc., 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 sale by Westinghouse of all of the issued and outstanding shares of the capital stock and the transfer of control of Group W Cable, Inc. to Century Southwest Television, Inc., TCI Holdings, Inc., American Television and Communications Corporation, and affiliates of, or subsidiaries or partnerships owned or controlled by Houston Industries, Inc., Comcast Corporation, Daniels and Associates, Inc., and ATC. The City hereby further consents to the assignment and transfer of the cable television system to the GWC Affiliate and ultimate transfer of control of the Affiliate to TCI Cablevision of Washington, Inc. The City further consents to the assignment and transfer of the Franchise granted to Group W Cable under Ordinances 1074 and 1060 to the GWC Affiliate and TCI Cablevision of Washington, Inc. Said consent is expressly conditioned upon acceptance by the GWC Affiliate and 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. -2- 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, the GWC Affiliate 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 the GWC Affiliate and 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. Repealer. Ordinance No. 1390 of the City of Tukwila, passed by the City Council on May 19, 1986 is hereby repealed. Section 4. 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 5. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved, 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 the GWC Affiliate and TCI Cablevision of Washington, Inc. -3- PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 1986. 0 APPROVED: _22 `MAY:' GARY L. VAN DUSEN ATTEST /AUTHENTICATED: CITY CLERK, MAIINE ANDERSON APPROVE AS TO FORM: OFFICE iF THE CITY AJTO' EY Y J FILED WITH THE C Y ERK: 12, 1986 PASSED BY THE CITY COUNCIL: /6 PUBLISHED: G -.20 EFFECTIVE DATE: 6 z5- 86 ORDINANCE NO. /394 -4- 0042.080.001 JEH /ko 05/06/86 SUMMARY OF ORDINANCE NO. /3 9 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CONSENTING TO THE SALE OF GROUP W CABLE, INC. TO FIVE BUYERS, CONSENTING TO THE ASSIGNMENT AND /OR TRANSFER OF A CABLE TV FRANCHISE TO A WHOLLY -OWNED SUBSIDIARY OF GROUP W CABLE, CONSENTING TO THE CHANGE OF CONTROL OF THE WHOLLY -OWNED AFFILIATE 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, INC.," TO "THE GWC AFFILIATE AND TCI CABLEVISION OF WASHINGTON, INC.," PROVIDING THAT SUCH CONSENT IS SUBJECT TO CERTAIN TERMS AND CONDITIONS AND REPEALING ORDINANCE NO. 1390. On /692c, 1986, the City Council of the City of Tukw.I'Ta passed Ordinance No. /391 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 the GWC Affiliate and 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 the GWC Affiliate and 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. Repeals Ordinance No. 1390 of the City. Section 4. Provides for severability of the clauses and phrases of the Ordinance. Section 5. Establishes an effective date and conditions transfer of the franchise on acceptance of the terms of the franchise and the ordinance by the GWC Affiliate and TCI Cablevision of Washington, Inc. 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 ,1986. c N SR 0 ITY CLERK PUBLISHED: Record Chronicle June 20, 1986