HomeMy WebLinkAbout2536 Transfer Cable TVORDINANCE NO. ,.~7_~-~;
An Ordinance of the City of
Ashland Approving the Transfer and
Assignment by Cooke CableVision Inc.
to TCI Cablevision of Oregon, Inc. of the
Franchise to Operate a Cable Television System in
the City of Ashland
WHEREAS, Cooke CableVision Inc. ("Franchisee") owns, operates, and maintains a cable
television system ("System") in the City of Ashland ("Franchise Authority"), pursuant to
Ordinance No. 2258, dated May 18, 1983, as amended by Ordinance No. 2415, dated February 17,
1987 ("Franchise"), and Cooke CableVision Inc. is the current authorized holder of the
Franchise; and
WHEREAS, the terms and conditions of the Franchise are in full force and effect as of the
date of this Ordinance; and
WHEREAS, Franchisee and certain of its affiliates and Tele-Communications, Inc. ("TCI")
have entered into an agreement, dated as of July 14, 1989 ("Agreement"), as amended,
providing for the sale, assignment and transfer of all of the assets of the System,
including all rights and obligations under the Franchise, to an affiliate of TCI; and
WHEREAS, Franchisee and TCI have requested consent by the Franchise Authority to the sale,
assignment and transfer of all of the assets of the System, including the Franchise, to TCI
Cablevision of Oregon, Inc., a subsidiary of TCI, in accordance with the requirements of
the Franchise; and
WHEREAS, the Franchise Authority has determined that it is in its best interests and the
best interests of the residents of its community to approve the sale, assignment and
transfer of the System and Franchise to TCI Cablevision of Oregon, Inc.; and that TCI Cablevision of
Oregon, Inc. has sufficient legal, technical and financial qualifications to comply with the terms of the
Franchise; and
WHEREAS, Section 10 of the Franchise provides that the system will have a minimum channel capacity
of thirty-five (35) channels within five (5) years after the effective date of the Franchise and such
channel capacity has not been reached as of the date hereof.
NOW, THEREFORF_, BE IT ORDAINED by the governing body of the City of Ashland as follows:
SECTION 1. The Franchise Authority hereby consents to and approves the sale, assignment and
transfer by Franchisee to TCI Cablevision of Oregon, Inc., its successors and assigns, of all of the assets
of the System, including all rights and obligations under the Franchise, relating to the period from and
after the date of consummation of such sale.
SECTION 2. The assumption by TCI Cablevision of Oregon, Inc. of all rights and obligations under
the Franchise with respect to the period from and after the date of consummation of the sale,
assignment and transfer of the assets of the System, including the Franchise, shall take effect on and
after the date of consummation of such sale, assignment and transfer of all of the assets of the System,
including the Franchise, to TCI Cablevision of Oregon, Inc., and the filing and delivery by TCI
Cablevision of Oregon, Inc. of an acceptance of the terms of the Franchise, subject to applicable
federal and state law, with the City within thirty (30) days following the consummation of the proposed
transaction.
SECTION 3. The Franchise Authority hereby consents to and approves the assignment, mortgage,
pledge, or other encumbrance of the Franchise, System or assets relating thereto, if any, for financing
purposes, in connection with this transaction.
SECTION 4. The Franchise Authority hereby affirms that, as of the date of this Ordinance, the
Franchise is valid and remains in full force and effect and the Franchise Authority is aware of no
conduct by the Franchisee, other than failure to meet the minimum channel capacity of the System
referred to in this Ordinance, which would result in default under the Franchise.
-2-
SECTION 5. Upon written notice to the Franchise Authority, TCI Cablevision of Oregon, Inc. may
transfer the Franchise or control related thereto to any subsidiary of TCI without prior consent of the
Franchise Authority.
SECTION 6. Section 10 of the Franchise hereby is amended to provide that the minimum channel
capacity of the System shall be thirty-five (35) channels on or before December 31, 1992.
Duly and lawfully PASSED, ADOPTED AND APPROVED by the governing body of the City of
Ashland, this d~/ -*r day of ~~ , 1989.
Mayor
ATYEST:
City Recorder-Treasurer
I, the undersigned, being the duly appointed, qualified and acting City Recorder-Treasurer of the City
of Ashland, hereby certif3, that the foregoing Ordinance No. ~,~'~d_~, is a true, correct and
accurate copy of Ordinance No. o7_6~d~, duly and lawfully passed and adopted by the City on
the ~.~_~ay of ~7~~ j , 1989.
Ci ~~e c o~rd~er _Tr~ea sure~
3