HomeMy WebLinkAbout15-99 - Ord. Franchise Transfer from Port Townsend Cable TV "Summit" to Summit Cablevision "LP" ORDINANCE NO , 2
An Ordinance of the Mason County Board of
Commissioners , ("Franchisor" ) Consenting to the Transfer and
Assignment by Port Townsend Cable TV, Ltd . (" Summit" ) to
Summit Cablevision L . P . ("LP " ) of the franchise to operate a
cable television system in the Franchisor, and the subsequent
purchase of a controlling interest in LP by Millennnium Digital
Media Systems, L . L . C . (" Millennium") .
WHEREAS , Summit is the current holder of a franchises issued by
Resolution No . 58 - 81 , dated June 1 , 1981 and Resolution 65 - 88 dated August 9 ,
1988 ( " Franchise " ) to operate and maintain a cable television system in
Franchisor ' s territory ( " System " ) ; and
WHEREAS , the terms and conditions of the Franchises , as amended , are in
full force and effect as of the date of the execution of this Ordinance; and
WHEREAS , Summit and Millennium have entered into a Purchase and Sale
Agreement providing for the contribution and transfer of all of the assets of
the System, including all rights and obligations under the Franchise , to LP ,
and further providing for the subsequent acquisition of all of Summit ' s
interest in LP by Millennium; and
WHEREAS , FCC Form 394, which is an " Application for Franchise Authority
, Consent to Assignment or Transfer of Control of Cable Television Franchise "
with respect to the transfer has been filed with the Franchisor; and
WHEREAS , Summit and Millennium have submitted an application for
consent by the Franchisor to the sale, assignment and transfer of all the assets
of the System, including the Franchise, in accordance with the requirements
of the Franchise; and
WHEREAS , Franchisor had determined it is in the best interest of the
Franchisor and residents thereof to consent to the sale , assignment and
transfer of the franchise as described above;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS .
SECTION 1 . The County, as the Franchise authority hereby consents to and
approves the sale, assignment and transfer by Summit of all the assets of the
Systems , including all rights and obligations under the Franchise Agreement
relating to the period from and after the date of the consummation of the
sale , to Summit Cablevision , L . P . and Millennium , their respective
successors , designees and assigns , and subsequent to such conveyance ,
releases Summit from any obligations incurred under the Franchise for the
period from and after the date of the consummation of sale . Franchisor
further consents to and approves the grant by Summit Cablevision, L . P . and
Millennium of a security interest in all of their rights, powers and privileges
under the Franchise and in all of their other properties to such lender or
lenders as may be designated by Millennium for financing purposes , which
lender or lenders shall have the rights and remedies of a secured party under
the Uniform Commercial Code of this state . Provided however, that the
consent contained in this paragraph is subject to the following conditions :
1 . 1 . Summit Cablevision, L . P . , as the successor to all of the
obligations of its predecessor, Summit, is subject to the terms of the
Resolution No . 58 - 81 dated June 1 , 1981 , and Resolution No . 65 - 88
dated August 9 , 1988 .
1 . 2 . Should Summit Cablevision, L . P . offer any services other than
those currently authorized by the franchise agreement and any
relevant laws , Summit Cablevision L . P . will obtain any necessary
federal, state , or local authorization prior to the introduction of such
services over its communications system; and
1 . 3 . The final purchase and sale agreement shall not contain any
material change from the terms , conditions , representations and facts
submitted in the present request to the Franchisors; and
SECTION 2 . This Resolution shall be deemed effective in accordance with
applicable law .
Dated and passed this day of 1999 .
BOARD OF COUNTY COMMISSIONERS
MASO UNT , WAS rN
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Cynthi D . Olsen, Chairperson
ATTEST : Mary Jo Cady, issioner
, 7
Rebecca S . Rogers Sohn A Bolender, Commissioner
Clerk of the Board