HomeMy WebLinkAboutOrdinance 1625ORDINANCE N0. 7.625
AN ORDINANCE APPROVING TRANSFER OF CABLE
TELEVISION FRANCHISE
WHEREAS, Cooke CableVision Inc. ("Franchisee") owns,
operates, and maintains a cable television system ("System") in
the City of Central Point ("Franchise Authority"), pursuant to
Ordinance No. 1546, dated June 24, 1985, as amended by Ordinance
No. 1584, dated March 20, 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 o£ Oregon, Inc.; and that
TCI Cablevision of Oregon, Inc. has sufficient legal, technical
and financial qualifications to comply with the terms of the
Franchise, now, therefore
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN 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
ORDINANCE N0.
(CABLEVIS.ORD
1625 - 1
- 111789)
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. o£ 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 which would result in default under
the Franchise.
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 o£ TCI without prior
consent of the Franchise Authority.
Passed by the Council and
its passage this 20th day of
ATTEST:
signed by me in authentication of
November 198.9-:--..
t //j'1 ~%' ~~'i=//~ i
Mayor
;~ ~/
ii-1,~(.~ ~~l(~l .~ i ~,F
Designated ,G ty O fic
~.
APPROVED by me this 20th day o£ November lggg,
--
~ _ ~,
/ - ~..~
Mayor
ORDINANCE NO. 1625 - 2
(CABLEVIS.ORD - 111789)