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HomeMy WebLinkAbout1418 - R 1 RESOLUTION NO. 1 4 1_11;,8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,. WASHINGTON, 3 AUTHORIZING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM CLEARVIEW TV CABLE- OF ENUMCLAW, INC. TO GROUP W CABLE, INC. 4 5 WHEREAS, Clearview TV Cable of Enumclaw, Inc. , is presently the holder of 6 a cable televis,i•on franchise from t'he City of Auburn; Washington; and 7 WHEREAS, Clearview TV Cable of Enumclaw, Inc., desires to transfer its 8 privileges under said cable-television franchise to .Group W Cable, Inc.; and 9 WHEREAS,,-pursuant- to the provisions of Auburn Codified City Ordinance ` 10 . 13.36.050 a public hearing oncsaid transfer request was held before the Auburn 11 City Council_ on March 7, 1983; and 12 WHEREAS, thereafter the Auburn City Council agreed to approve said 13 transfer. 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 15 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 16 The cable television franchise presently held by Clearview TV Cable of 17 Enumclaw, Inc., is- authorized to be transferred to Group W Cable, Inc. , such 18 transfer of franchise to be official on and after the date a. duly executed 19 copy of an instrument in writing, such as a bill of sale or similar document,_ 20 is filed with the Office of the Director of Public Works for the City of 21 Auburn within thirty (30) days after such transfer or assignment. 22 AND BE IT FURTHER RESOLVED THAT the original of Group W Cable, Inc. ' s 23 letter of February 22, 1983, addressed to Councilman Gene Colburn, Municipal 24 Committee City of Auburn pertaining to this subject a copy of which is 25 attached hereto, denominated as Exhibit "A", a true copy of the minytes of the 26 Auburn City Council Municipal Services Committee of March 1, 1983, a copy of 27 which is attached hereto, denominated as Exhibit "B", Ordinance No. 3297, a 28 ! i copy of which is attached ;hereto, denominated as Exhibit '"C", relating to the 29 authorization of a non-exclusive franchise to operate a cable communications 30 system (CATV) within the City of Auburn, and Ordinance No. 3325, a copy of 31 32 ----------------------------- Resolution No. 1418 Page One of Two 3/21/839 3/28/83 ' .. .. - � a .. -• .. - , .. �{ _ :4 Z,- . .. P':t.1.>. _.,—o is - Ott AC t 1 which is attached hereto, denominated as Exhibit "D" which amended Ordinance 2 No. 3297, and the terms of which are incorporated by referenced herein. 3 THE Mayor is hereby authorized to implement such administrative procedures 4 - as may be necessary to carry out the directions of this legislation. 5 DATED and SIGNED this 31st day of March , 1983. 6 7 CITY OF AUB N 8 10 11 ATTEST! 12 13 lzt C .. ._ City fe_F - 14 15 The undersigned parties, through their duly selected representatives, 16 herewith accept and agree to the terms and conditions of City of Auburn 17 Resolution No. 1418 and the Exhibits attached thereto. 18 19 CLEARVIEW TV CABLE OF ENUMCLAW, INC. GROUP W CABLE, INC. �+IyF,M 20 Dated this day of March, 1983. Dated this `'-` day of— 1983. 21 �J �> BY: _ 22 vice President Pr id'en 23 24 _ .__��____.__ tic Secre'a y' Secretary 25 26 27 28 29 30 31 32 ------------------------- Resolution No. 1418 Page Two of Two 3/21/83, 3/28/83 on- Of 0471 A WS, _ - 3 a 1; 1 Tonto -t i - ' r BOB ROEGNER, MAYOR AUBURN CITY ATTORNEY JACK B. BEREITER, CITY ATTORNEY ® 25 WEST MAIN, AUBURN, WA 98002 Jack L. Leininger, Asst City Attorney s. (206) 931-3030 3 June 1983 TO: /Coralee McConnehey, City Clerk FROM: John B. Bereiter, City Attorney Re: GROUP W CABLE, INC. CABLE TELEVISION FRANCHISE Dear Coralee: Enclosed herewith you will find a picture of a letter of transmittal dated May 18, 1983, from Claire Feldman, Assistant Secretary Vice President, Administration Group W Cable, Inc. , along with the fully executed original of Resolution No. 1418, the $10,000 Franchise Bond, and Certificate of Insurance. You have, by separate letter, also received a copy of the required Bill of Sale. Upon receipt of this letter, please file those documents in your office for public inspection. Also, upon receipt of this letter, please transmit a copy of the Bill of Sale for my files. It appears that Group W has met all of the requirements of the City for the transfer of the cable franchise. Yours very truly, JO N B. BEREITER CA�ty Attorney JBB:jb encls cc: Mayor Roegner STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I, CORALEE McCONNEHEY, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full , true and correct copy of Resolution No. 1418 of the Resolutions of the City of Auburn, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM CLEARVIEW TV CABLE OF ENUMCLAW, INC. TO GROUP W CABLE, INC." I further certify that said Resolution No. 1418 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 21st day of March, 1983 A.D. WITNESS my hand and the official seal of the City of Auburn, Washington, this 6th day of June, 1983 A.D. C CITY CLERK OF THE CITY OF AUB � P CABLE Group W Cable, Inc.,A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE, INC. 888 SEVENTH AVENUE, NEW YORK, NY 10106 (212)307-3158 CLAIRE FELDMAN Assistant Secretary Vice President,Administration Cable Division May 18 , 198'3 _v The Honorable Robert Roegner, Mayor City of Auburn 25 W. Main Auburn, Washington 98002 Dear Mayor Roegner: Enclosed you will find the following documents, with regard to the acquisition by Group W Cable, Inc. of the franchise for the City of Auburn: fully-executed copy of Resolution No. 1418 $10 ,000 Franchise Bond Certificate of Insurance By copy of this letter, I am herewith transmitting to the City Clerk a copy of the required Bill of Sale. We are pleased to be operating in the City of Auburn and assure you of our cooperation at all times . Very truly yours, ' - CF:DQ Enc. cc: Coralee A. McConnelly - City Clerk (w/att. ) Adie Miller (w/att. ) Group W Television•Group W Radio•Group W Cable Filmation Associates•Group W Productions•Group W Satellite Communications•Group W Television Sales Home Theater Network•Muzak•Group W Radio Sales•TVSC EXHlt;l i A V\C b CABLE 15241 PACIFIC HWY S SERI 1 LE WA 98188 12061 433-3433 Group W Cable, Inc .A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE. INC. February 22 , 1983 Councilman Gene Colburn Municipal Committee City of Auburn 25 West Main Street Auburn, Washington 98002 Dear Councilman Colburn: At the last meeting of the Municipal Committee and the February 10, 1983 meeting of the Utility Committee, Group W Cable was asked to respond to several concerns regarding the transfer of the Clearview TV Cable franchise. Group W also was asked to agree to certain requirements set forth in a February 14 , 1983 letter of 3-H Cable Communications Consul- tants. Since the Utility Committee' s last meeting , Group W has met with representatives of 3-H and has come to a resolu- tion of the Council ' s and 3-H ' s concerns. This letter is Group W Cable ' s response to the Council ' s concerns and its acceptance of the requirements in the 3-H letter as modified by our meeting. As an initial matter it is helpful to set forth the legal boundaries of the transfer process under Auburn' s cable Ordinance. Ordinance 3286 , Section'16 , is explicit that the Council shall give prior written approval only after a public hearing and under the same terms and conditions as an original application. Thus, Group W Cable is only required to accept a transfer under the terms of the original Ordinance. The sec- tions relevant to the concerns expressed by the Council and 3-H require the following : 1. A franchise holder must submit a construction plan within six months for the approval of the Public Works Depart- ment and the Office; failure to obtain approval does not result in a termination of the franchise (Part VI) ; 2. The franchise holder must submit to the City and Office any proposed increases in rates for basic services (Section 6) ; and 3. No access channels are required. Group W Television KDKA N,Pittsburgh•KPIX(TV),San Francisco•KYW N,Philadelphia•WBZTV,Boston•WJZ TV,Baltimore•WPCQ-N,Charlotte Group W Radio KDKA and WPNT,Pittsburgh•KFWB,Los Angeles•KJQY,San Diego•KOAX,Dallas•KODA,Houston•KOSI,Denver•KYW,Philadelphia WBZ,Boston•WIND,Chicago•WINS,New York-WOWO,Fort Wayne Group W Cable Filmation Associates•Group W Productions•Group W Satellite Communications•Group W Television Sales Home Theater Network•Muzak•Radio Advertising Representatives•TVSC R Councilman Gene Colburn February 2.2; 1983 Page Two Group W is willing, nonetheless, to go further in its commit- ments to Auburn to show the citizens of Auburn Group W' s good faith. Group W will commit to the following : 1. Within 90 days of purchasing the system, Group W will submit to the City and Office a construction plan and schedule for completing the system upgrade and construction of non-cabled areas. If the City and Office do not approve of the plan and schedule, Group W will submit revisions to the City, unless the City makes requests which under Ordinance 3286 , Section VII , would cause "unreasonable financial hardship. " Group W' s plan, at a minimum, will provide for construction of uncabled areas within 30 months and completion of the system upgrade within the same period. 2. In order to show the Council its commitment to com- pletion of the system, Group W will agree not to impose a rate increase in Auburn until the completion of the approved plan and schedule. Group W, however, recognizes that the Council may approve a rate increase if a substantial effort is made on both construction and upgrading. 3. Group W will cablecast access programming for the City of Auburn. 4 . Group W will improve the Sonics Superchannel security system so that customers who have not paid will not. receive the unscrambled signal. Group W is pleased to respond to Auburn' s concerns, and believes these commitments beyond the requirements of the Ordi- nance will satisfy the Council. Sincerely, 2 GROU ABL Michael Si s N. W. Regional Vice President APPROVED BY: 3=H Cable Communica ons i MS :gs u EXHIBIT "B" The Auburn Municipal Services Committee on March 1, 1983, at 6:30 P.M. in Y Conference Room #3 in the Auburn City Hall . Present were Chairman, Councilman Gene Colburn and Councilman Don Kurle. Also present were Auburn City Attorney, Jack Bereiter, Cable Television Consultant, Jim Hurd, Mr. Dan Waggoner, attorney for Group W Cablevision and representatives of Clearview Cable Television and Group W Cable Television. Group W' s Michael Simms letter of February 22, 1983, to Chairman Gene Colburn regarding the transfer of the Cablevision Franchise from Clearview to Group W was addressed. Mr. Waggoner, attorney for Group W, said that to avoid any misun- derstanding there was no challenge by Group W to the authority of the City of Auburn to change the terms and conditions of the franchise if the City Council felt that that was in the public interest. He further went on to state that Group W had every intention of cooperating with the City in presenting the best possible cable television service possible. He further advised the Committee that Group W was committed not to ask for a rate increase until this transfer of franchise is approved and facili- ties improvements are completed within thirty (30) months or less. There was a brief discussion of cablevision rates in Auburn as compared to other service areas. The Committee indicated it felt that it was advisable to adopt the Clearview/Group W Agreements and Contracts by reference in any Resolution or Ordinance approving the transfer of the cable television franchise. Mr. Waggoner ,advised that Group W would make available one access channel for public use. Mr. Waggoner further went on to state that any complaints about cable television service would be handled within a 48-hour period. The meeting adjourned at 7:10 P.M. EXHIBIT C - ^y. ,. - CITY OF AUBURN w. ORDINANCE NO . 3 2 9. 7 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING A NON-EXCLUSIVE FRANCHISE TO OPERATE A CABLE COMMUNICATIONS SYSTEM (CATV) WITHIN THE CITY LIMITS OF THE CITY OF AUBURN, WASHINGTON. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON , DO ORDAIN AS FOLLOWS : SECTION I : PURPOSE : This Franchise shall constitute an agreement between the City of Auburn and Clearview TV Cable of Enumclaw, Inc . (Grantee) , to construct, maintain and operate a CATV system for the distribution of television signals . o SECTION II : LENGTH OF FRANCHISE : The length of this Franhcise shall be for a term of 15 years from the date of acceptance by the Grantee . SECTION III : TERMS OF THE FRANCHISE : This Franchise granted to Clearview TV Cable of Enumclaw, Inc . shall not be deemed to be exclusive and shall not in any manner prevent the City of Auburn from granting other or further franchises . The Grantee agrees to all terms , conditions , requirements , obligations and duties as out- lined in Ordinance No . 3286 dated June 19, 1978 • � _ of the City of Auburn as passed by the Council of the City of Auburn, as may be amended from time to time . A true and correct copy of said Ordinance is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. SECTION IV: FRANCHISE FEE : Grantee shall pay unto the City of Auburn, a sum more particularly set forth in Ordinance No . 5 . 88 . 040 . Should the Franchisee. at anv time becomes delinquent in its payment to the Grantor , this franchise may be revoked by the resolution of the City Council after notice of this proposed action is given. ' t SECTION V: AMENDMENT OF FRANCHISE : The Auburn City Council I under its police powers reserves the right to amend any section of this Ordinance at any time . I' SECTION VI : CONDEMNATION: If, during the term of the franchis( or any extension thereof, the City shall acquire by purchase or condemnation any of Grantee ' s property or assets maintained or i used hereunder, no greater sum shall be allowed for the value of the rights herein granted, in addition to all other elements affecting the value of such purchased or condemned property, than the actual cost of obtaining the franchise . SECTION .VII : This Ordinance shall become effective upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this 17th day of July, 1978 �G et. City C erk CORALEE A. MCCONNEHEY APPROVED BY THE Auburn City Council this 17th day of July, 1978. t ayor STANL P. KERSEY APPROVED AS TO FORM: City A o ney JOHN B. BEREITER ---- - Date of Publication_ JULY 21 , 1978 _ 1 I I I i i i I i • -"i - rh.,�'i - -il.:." .J.., fit.• ';} >`... EXHIBIT "D" ORDINANCE NO. 3 3 2 5 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS III AND IV OF AUBURN CITY ORDINANCE NO. 3297 (PASSED JULY 17, 1978) RELATING TO THE NON-EXCLUSIVE FRANCHISE TO OPERATE A CABLE COMMUNICATIONS SYSTEM (CATV) WITHIN THE CITY LIMITS OF THE CITY OF AUBURN, WASHINGTON. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 12 Amendment. Section III of Auburn City Ordinance No. ! 32973 is hereby amended to read as follows: 1 "Section III . TERMS OF THE FRANCHISE: This Franchise granted to Clea'rview TV Cable of Enumclaw, Inc. shall not be deemed to be exclusive and i shall not in any manner prevent the City of Auburn from granting other or further franchises. The Grantee agrees to all terms , conditions, requirements , obligations .and duties as outlined in Ordinance No. 3286, .dated June 19, 1978, and amended by Ordinance No. 3321 , dated October 16, 1978, of the City of Auburn i . as passed by the Council of the City of Auburn, as may—be amended from time to time. (kA�) That true and correct ( (eepy)) copies of said ((Ordimaeee) ) Ordinance�� t' (.(4s) ) are attached hereto --as-- Exhibit "A" and incorporated herein as if fully set a forth. " Section 2. Amendment. Section IV of Auburn City Ordinance No. 3297 , is hereby amended to read as follows: "Section IV: FRANCHISE FEE: Grantee shall pay unto 'the City of Auburn, a suin more particularly set forth in Ordinance No. ( (6788 794G) ) 3286, Section 23 and amended �j Auburn City Ordinance No. 3321 . Should the Franchisee at any time becomes delinquent in its payment to the Grantor, this franchise may be revoked by the resolution of the City Council after notice of this proposed action is given. " j Ordinance No. 3325 Page One 10-11-78 i j 1 ,t w( __�.._ ...—.4 "serve,_. .s'.ye,•,�,„-,,;,a�,y„ 'Y,a�ibL'm►s,y.5+.-wuuui�a:,r�.n�c _ --•,,t: �la�, adr*,.'_�v,��:;- :r..s._.�s°`r.R�r]1 'ya �&„_°I`"h..z .. Section 3. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: OCTOBER 16, 1978 PASSED: OCTOBER 16, 1978 APPROVED: OCTOBER 16, 1978 i A Y 0 R ATTEST: C� &"ty -Cl APPROVED AS TO FORM: _- C i ty Atto Fn PUBLISHED: OCTOBER 20, 1973 Ordinance No. 3325 Page Two and Last 10-11 -78 )'f::•1 44.. zi lA ._...u..;..;.a..s't.:�`...tea:,.r.:aw..'..rr�rlr:: sai:>i.l"�:�a'.a"F aft.•iw9tilSle;i.W:m:ierrffi`"���:...�r��.5 iy,!':�:.h,.. 'aP:r;,w.Cedm:4u=w.,a: __ I(.,;