HomeMy WebLinkAbout120-86 - Res. Cable TV Transfer Harbor to McCaw BEFORE THE BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
RESOLUTION NO.120-86
A Resolution approving the transfer and assignment of
the rights to construct, operate, and maintain a
community antenna television system in Mason County,
Washington, and amending Resolution Nos . 18-84,
57-81, and 126-81 .
WHEREAS, pursuant to Section 16 of Resolution Nos. 18-84,
57-81 , and 126-81 , Harbor Properties, Inc. dba Harbor Videocable
( "Harbor" ) , holder of the community antenna television (CATV)
franchise rights throughout portions of Mason County, Washington,
has applied for consent to transfer and assign its rights under
said Resolutions to McCaw Cablevision of Southwest Washington,
Inc. , a Washington corporation and a wholly owned subsidiary of
Harbor Properties, Inc. ( "McCaw" ) , and proposes to sell all of
the stock in McCaw to McCaw Communications of Southwest
Washington, Inc. , also a Washington corporation ( "Applicant" ) .
WHEREAS, McCaw and Applicant have requested that the terms
of said franchises be extended to fifteen ( 15 ) years from the
passage of this Resolution, and have requested that the fran-
chises be amended in certain respects .
WHEREAS, it appears to the Board of County Commissioners
of Mason County, Washington that McCaw is qualified to construct,
own, operate and maintain the system it is acquiring in
conformity with Resolution Nos . 18-84, 57-81, and 126-81 .
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NOW, THEREFORE, BE IT RESOLVED THAT:
Section 1 . The request of Harbor for transfer and
assignment to McCaw of the rights and obligations as franchisee
to the above-referenced franchises is approved. The sale of all
of the stock in McCaw from Harbor to Applicant is also approved.
Section 2 .
A. Section 4 of Resolution Nos . 18-84, 57-81 and
126-81 is hereby modified to provide for terms of fifteen ( 15)
years from the date of passage of this Resolution.
B. Section 8 (e) of Resolution Nos. 18-84, 57-81 and
126-81 is hereby deleted in its entirety and is replaced by
the following:
Pursuant to the Cable Communications Policy Act
of 1984, the Commission may periodically review
the broad categories of services provided by
Company, and may prohibit Company from providing
services which are obscene or otherwise
unprotected by the Constitution of the United
States .
C. Section 10 of Resolution Nos. 18-84, 57-81, and
126-181, is hereby deleted in its entirety and is replaced by
the following:
Section 10 . Rates
The Company shall have the right to charge
and collect compensation from all persons, firms
and corporations to whom it may furnish cable
television services . The subscriber rates shall
at all times be fair, just and equitable and in
compliance with all applicable laws . The
Company may pass along to subscribers such
additional fees as may be imposed on it,
including but not limited to taxes, copyright
fees and permit fees .
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Section 3 . This Resolution shall be effective only upon
the completion of the sale of all of the stock in McCaw from
Harbor to Applicant, and if such sale is not consummated, this
Resolution shall be of no force or effect whatsoever .
McCaw, by its signature hereon, agrees to be bound by the
terms and conditions of this Resolution, which are accepted in
full .
PASSED BY THE BOARD OF COUNTY COMMISSIONERS OF MASON
COUNTY, WASHINGTON this 16th day of December 1986 .
BOARD OF COUNTY COMMISSIONERS OF
MASON COUNTY, WASHINGTON
By
Chairperson
Commissione
7
� �ry
A
Commissione
ATTEST:
Clerk of the Board
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APPROVED AS TO FORM:
1
rosecu i> Attorney
ACCEPTED IN FULL: C/
McCAW CABLEVISION OF SOUTHWEST
WASHINGTON, INC.
By
Its ice resident
DATED: k ;
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