HomeMy WebLinkAboutord2007-002WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2006 -466
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda
Assigned to:
Date
Originator:
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11/22/065
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Introduction
Division Head:
1/16/07
Public Hearin
Dept. Head:
Prosecutor:
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11/22/06
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Purchasin Bud et:
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Executive:
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TITLE OF DOCUMENT. An Ordinance in the Matter of Approving a Change in Control of Guiness Communications,
Inc. from Delta Cable Communications, Ltd. to Persona Communications Corp.
ATTACHMENTS:
Ordinance & Memorandum
SEPA review required? ( ) Yes { ) NO
Should Clerk schedule a (rearing ? (X) Yes { ) NO
SEPA review completed? ( ) Yes { ) NO
Requested Date. January 16, 2007 at 7:00 p.m., in the County
Council Chambers of the Whatcom County Courthouse
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public (rearing,
you must provide the laiiguage for use in fire required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining lire intern of lire action.)
Pursuant to RCW 36.5 5.040 and Whatcom County Code 12.24.051, notice is hereby given of public hearing before
the County Council on a proposed ordinance that, if adopted, would change control fo Guiness Communications, Inc.,
from Delta Cable Communications, Ltd., to Persona Communications Corp. The public hearing will be held during
the County Council meeting scheduled for 7:00 p.m., January 16, 2007, in Council Chambers of the Whatcom County
Courthouse, 311 Grand Avenue, Bellingham, Washington. Pursuant to RCW 36.55.050, the hearing may be
adjourned from time to time by order of the County Council until action is taken by the Council upon the proposed
ordinance.
COMMITTEE ACTION:
COUNCIL ACTION:
12/5/2006: Introduced
1/16/2007: Council Adopted 7 -0
Ord. 2007 --002
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2007 -002
Please Note. Once adopted and signed, ordinances and resolutions are available for viewing and printing on lire County's
websiteat. www.co.wlia1com.wa.us1eouHeA
SPONSORED BY: Consent
PROPOSED BY: Executive/Public Works
INTRODUCTION DATE: December 5.2006
ORDINANCE NO. 2007 -002
AN ORDINANCE IN THE MATTER OF APPROVING
A CHANGE IN CONTROL OF GUINESS COMMUNICATIONS, INC.
FROM DELTA CABLE COMMUNICATIONS, LTD.
TO PERSONA COMMUNICATIONS CORP.
WHEREAS, Guiness Communications, Inc. was granted a non- exclusive franchise
dated October 27, 1992, under Ordinance 92 -076; and
WHEREAS, the franchise agreement in Section 17 addressed the need for consent in
writing from the County Council prior to the sale, transfer, or assignment of any interest in the
Franchise;
WHEREAS, Guiness Communications, Inc., hereafter referred to as "Guiness ", is a
company owned by a single shareholder, Delta Cable Communications Ltd.; and
WHEREAS, Delta Cable Communications Ltd., hereinafter referred to as "Delta ", is
intending to sell all of its shares in Guiness to Persona Communications Corp., hereinafter
referred to as "Persona "; and
WHEREAS, while the Franchise itself is not being sold, transferred, or assigned, the
control of the company which holds the Franchise is being transferred from Delta to Persona;
and
WHEREAS, Delta has requested written consent from the Whatcom County Council
to a change in control of Guiness from present ownership to Persona; and
WHEREAS, Persona appears, from information provided, to be a corporate entity that
has the ability to direct the performance of Guiness according to the terms of the franchise
agreement upon assuming control of Guiness;
NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County,
Washington that this change in control of Guiness be approved contingent upon the final
closing of the sale of stock from Delta to Persona.
ADOPTED this rr� day of January, 2007.
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Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
(Approved O Denied
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Pete Kremen, County Executive
Date: 1-1-7-0-1