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
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Resolution No. 1418
Page One of Two
3/21/839 3/28/83
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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.
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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
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Resolution No. 1418
Page Two of Two
3/21/83, 3/28/83
on- Of
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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
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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
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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 .
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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.
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SECTION V: AMENDMENT OF FRANCHISE : The Auburn City Council
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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 _
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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
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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
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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
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