HomeMy WebLinkAboutResolution-1993-1339
RESOLUTION NO. 1339
Series of 1993
TITLE: A RESOLUTION APPROVING THE TRANSFER AND ASSIGNMENT BY
TIME WARNER ENTERTAINMENT COMPANY, L.P., dba TIME WARNER
CABLE TO TCI CABLEVISION OF TEXAS, INC. OF THE PERMIT TO
OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF
WHEAT RIDGE, COLORADO
WHEREAS, Time Warner Entertainment Company, L.P., d/b/a
Time Warner Cable ("Permittee") owns, operates, and maintains a
cable television system ("System") in the City of Wheat Ridge,
Colorado (" permi t Authority"), pursuant to Ordinance No. 369
effective November 2, 1979, Ordinance No. 457 effective August
21, 1981, Ordinance No. 492 effective May 21, 1982, Resolution
No. 797 dated July 12, 1982, Permit dated July 13, 1982, as
amended by Minute Order dated October 28, 1983, and Resolution
No. 1816 dated October 26, 1992 ("Permit"), and Permittee is the
current authorized holder of the Permit; and
WHEREAS, Permittee proposes to assign and transfer all of
the assets of the system (the "Transaction"), including the
Permit, to TCI Cablevision of Texas, Inc., a Texas corporation
(including its successors and assigns, "TCIC-TX");
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Wheat Ridge as follows:
SECTION 1. The Permit authority hereby consents to and approves
the assignment and transfer of the Permit to TCIC-TX, its
successors and assigns.
SECTION 2. The consent of the Permit authority to the transfer
to TCIC-TX and the assumption by TCIC-TX of the Permit with
respect to the period from and after the closing of the
Transaction (the "Closing"), subject to applicable federal and
state law, shall be contingent upon and take effect only on and
after the date of Closing (the "Effective Date").
SECTION 3. TCIC-TX and, to
Authori ty, agree as follows,
and after the Effective Date:
the extent applicable the Permit
such agreement to be effective on
a. Within 180 days following the Effective Date,
TCIC-TX will have made available to any subscriber of the System
who has subscribed to such service, addressable technology which
allows the subscriber to access the System's pay-per-view
services with the use of a converter box. At this time, TCIC-TX
provides the converter box to subscribers at no cost.
b. TCIC-TX agrees to comply with all provisions of
the Permit with respect to the period from and after the
Effective Date, and in particular reaffirms its obligation to
comply with the community programming, equipment and personnel
requirements of the Permit. TCIC-TX agrees to maintain and make
available for the exclusive use of the City, the community access
van which was provided by Permittee to the city in 1992.
c. TCIC-TX will implement customer service standards
consistent with the standards to be promulgated by the Federal
Communications Commission under Section 632(b) of the
Communications Act of 1934 (the "FCC Standards"), and additional
standards may be implemented upon the mutual agreement of the
city and TCIC-TX. The customer service standards implemented by
TCIC-TX pursuant to this paragraph will be enforceable under
Section 632 of the Communications Act of 1934.
d. The Permit Authority hereby waives all requirements
in the Permit or any other resolution or agreement with respect
to the System that a home security service be provided to
subscribers of the System and the Permit and any other such
resolution or agreement are hereby amended to delete such
requirement.
e. TCIX-TX agrees to provide Channels 8 and 22 for the
Permi t Authority's sole use for purposes of local access and
government programming.
SECTION 4. TCIC-TX may transfer the Permit or control related
thereto to TCI Cablevision of Colorado, Inc. upon notice to the
Permit Authority of such transfer.
SECTION 5. The Permit Authority hereby consents to and approves
the assignment, mortgage, pledge, or other encumbrance by TCIC-TX
of the Permit, System or assets relating thereto, if any, as
collateral for a loan.
SECTION 6. The Permit Authority confirms that, as of the date of
this Resolution: (a) the Permit was properly granted; (b) the
Permit is valid and remains in full force and effect and expires
on July 13, 1997; (c) Permittee is in substantial compliance with
the provisions of the Permit; and (d) Permittee is recognized as
the present holder and owner of the Permit.
SECTION 7. The transfer of the Permit to TCIC-TX, its successors
and assigns, shall be effective upon the satisfaction of any and
all outstanding financial obligations of the Permittee and TCIC-
TX.
Duly and lawfully PASSED, ADOPTED AND APPROVED
City Council of the City of Wheat Ridge this 8th
of February , 1993.
ATTEST:
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WANDA SANG,
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by the
day
MAYOR