HomeMy WebLinkAboutord1993-092WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 93-451
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
'ginator. Citizen
Division Head:
11/5/93
11/23/93
Council/Intro
12/14/93
1 Council Hearin
Dept. Head:
Prosecutor.
/).6.
/4/0/0
Purchasing/Budget:
Executive:
SUBJECT:
Amending ordinance 92 -001 to allow limited consent to assignment of cable television franchise rights for
security purposes
ATTACHMENTS:
ordinance
SU IMARY STATEMENT.- Please complete sections of box as appropriate & explain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO YES Requested date:
Amount budgeted for this item /project: $
Is it or will it be within budget? YES NO lease explain below
Budget line item number(s): ,
L__,:k Rock Cable wishes to assign its community antenna television system for security purposes to its lender,
U.S. Bank of Washington. This provides security for the lender in case the franchisee is in default.
ORIGINATOR'S RECOMMENDED ACTION:
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN:
11/23/93: Intro
1 V93: Council adopted the ordinance. 7 -0.
Related File Numbers: Ordinance or Resolution Number (this item only): Ord
93 -092
blackroc.ord 11/12/93
SPONSORED BY:
Consent
PROPOSED BY: Council
INTRODUCTION DATE: 11/23/93
1 ORDINANCE NO. 93 -092
2 AMENDING ORDINANCE 92 -001 TO ALLOW LIMITED
3 CONSENT TO ASSIGNMENT OF CABLE TELEVISION
4 FRANCHISE RIGHTS FOR SECURITY PURPOSES
5 WHEREAS, Black Rock Cable wishes to assign its community antenna television
6 system for security purposes to its lender, U.S. Bank of Washington, National Association
7 (U.S. Bank) (lender).
8 WHEREAS, any further assignment of the franchise by the franchisee or the
9 lender must first be consented to in writing by the Whatcom County Council.
10 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
11 Whatcom County Council allows Black Rock Cable TV (franchisee) to assign its cable
12 system assets for security purposes -to its lender, U.S. Bank (lender). If the lender
13 forecloses on its security interest and takes over operation of the cable system, the
14 Whatcom County Council consents to the lender acting as franchisee under the terms of
the cable television franchise issued to Black Rock Cable TV, Ordinance No. 92 -001,
.Lo dated January 7, 1992. A copy of the certificate of compliance acceptance of franchise is
17 attached as Exhibit "A".
18 BE IT FURTHER ORDAINED that any further assignment of the franchise by
19 the franchisee or the lender must first be consented to in writing by the Whatcom
20 County Council. Consent to transfer or assignment of the franchise by the lender to
21 continue operation of the cable system shall not be unreasonably withheld. The
22 Whatcom County Council will temporarily consent to interim assignment or transfer of
23 the franchise rights so as to allow continued operation of the cable system pending
24 formal approval by the County Council.
25 BE IT FURTHER ORDAINED that Whatcom County agrees to notify the
26 lender whenever the franchisee is in default under the terms of the franchise or county
27 code and the county has determined to terminate, revoke, or annul the franchise. The
28 county will allow the lender to cure any default within a reasonable period of time as
29 determined by the county.
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I BE IT FINALLY ORDAINED that Whatcom County agrees to recognize the
2 lender and its successors, as well as any approved transferees or assignees of the lender,
3 as a party to all rights and privileges relative to the franchise, upon the express condition
4 that the assignment and transfer shall not alter, affect or otherwise change any of the
5 terms or conditions of the franchise and the franchise shall remain in full force and
6 effect. The franchisee shall not be released from any liability or obligation accrued
7 under the terms of the franchise. In consideration for assignment for security purposes,
8 the lender and its successors and all transferees or assignees agree to be bound by all
9 provisions, conditions, regulations and requirements of the franchise and the Whatcom
10 County Code, particularly Title 12 WCC.
11 ADOPTED this 14th day of December , 1993.
12 WHATCOM COUNTY COUNCIL
13 ATTEST: WHATCOM COUNTY, WASHINGTON
14
15 Ramona Reeves, Council Clerk
16 APPROVED AS TO FORM:
17
18 Civil Deputy Prosecutor
19
oor dK& f
Marge Vaidlaw, Council Chair
0 Approved () Denied
ka � a'l
Shirley Van Z nten, Ea tive
Date:
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