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HomeMy WebLinkAboutord2003-016WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -078 CLEARANCES Originator: Initial Date Date Receivedin Caueca0 ur E © V JAN 2 2 2003 A7COM COUNTY COUNCIL A ends Date 1128103 Ant net to: Introduction Division Ilead. 2/11/03 Hearing Dept Head: Prosecutor L� ih lo PurchasingBudgek Executive: 0 ) SUBJECT: Ordinance approving transfer hilifibrellisefrom Northland Cable Properties to WaveDivision I, and sale of all assets to WaveDivision Holdings. ATTACHMENTS: Cover Memo, Proposed Ordinance SEPA review required? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing? (X)Yes,( ) NO Requested Date: February 11, 2003 SUMMARYSTATEMENT: Northland Cable Properties Seven Limited Partnership is seeking to sell its ownership interest in the cable properties it owns within WAatcom County to WaveDivision Holdings, and to transfer its franchise to WaveDivision I. Such transfer of ownership and franchise are anticipated by the franchise ordinance adopted for this franchise (Ord. 91 -077), and such a transfer was previously approved by the Councit from the original franchisee, Country Cable, to Northland in 1993 (Ord. 93 -025). Distribution Request Indicate those who should receive a ropy leer Canned action List s p ecific names to the right. ADS Fa edides Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Estimation District Court Executive Health Hearing Examiner Jai[ COUNCIL ACTION TAKEN: 2003 -78 1/28 /2003: Introduced 2/11103: Public Hearing. Council adopted 7A. Ord. #200& 016 Rc Related File Numbers: ✓uvenae Parks Planning Rosecutor Public Works Sheri Superior Coun Treasurer Door Ordinance or Resolution Number (this item): Ord. 2003 -016 SPONSORED BY: _Consent PROPOSED BY: Executive INTRODUCTION DATE: January 28, 2003 Ca]tb71� /: \Y\1��D r�rlTiTdlilA Approving the Transfer and Assignment of the Franchise to Operate a Cable Television System in the County of Whatcom by Northland Cable Properties Seven Limited Partnership to WaveDivision I, LLC. WHEREAS, by Ordinance No. 92 -077, approved October 27, 1992, the County Council of the County of Whatcom, Washington, acting on behalf of the County of Whatcom (the "County") adopted that certain Franchise Agreement, granting a franchise to Country Cable TV, Inc. ( "Country") for the authority to install, construct, operate and maintain a cable communications system within the County of Whatcom (the "Franchise "), as amended by that certain Ordinance No. 93 -025, adopted May 25, 1993, consenting to the assignment and transfer of the franchise from Country to Northland Cable Properties Seven Limited Partnership ( "Northland "); and WHEREAS, Northland has entered into a purchase and sale agreement (the "Purchase Agreement ") with Wave Division Networks, LLC, a Washington limited liability company, for the sale of Northland's cable television system serving the County of Wbatcom, Washington, and the assignment and transfer of the Franchise to WaveDivision I, LLC, a Washington limited liability company ( "Wave ") and subsequent sale of all ownership interests in Wave to WaveDivision Holdings, LLC, a Delaware limited liability company ( "Holdings "); and WHEREAS, it is in the best interests of the County and its citizens to consent to the above - referenced assignments and transfers; and WHEREAS Northland and Wave request that the assignments and transfers of the Franchise and ownership interests in Wave to Holdings be approved; NOW THEREFORE, BE IT ORDAINED by the County that: Section 1. The County hereby approves and consents to the assignment and transfer of the Franchise from Northland to Wave, or its assignee, effective as of the date of the actual transfer, and the subsequent sale of all of the ownership interests in Wave to Holdings. Section 2. The County hereby consents to and approves Wave's granting a security interest in all of Wave's rights, powers and privileges under the Franchise and all of its other properties to such lender or lenders (as may be designated by Wave) for financing purposes, and to Holdings' grant of a security interest in its rights in and to Wave to such lender or lenders, under which such lender or lenders shall have the rights and remedies of a secured party under the Uniform Commercial Code of this State. Section 3. Except as specifically set forth herein, the assignments and transfers of the Franchise and ownership interests to Wave shall not alter, affect or otherwise change any of the terms or conditions of the Franchise. DY85_ County _ W hatwm_Ordinancc Section 4. This ordinance shall take effect after passage by the County Council and after signature by the County Executive, according to the provisions of the Whatcom County Charter, Section 2.30. ADOPTED this 11 day of February, 2003. ATTEST: WHATCOM COUNTY COUNCIL WHP�'COM COUNTY WASHINGTON Dana Brown - Davis, Council Clerk Dan MS§-4ane, Council Chair APPROVED as to form: Civil Deputy Prosecutor, Whatcom County Date: Dv85_County_ W hatcom_Ordinance ( ) Denied