HomeMy WebLinkAboutord1993-093WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 93 -150A
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator. Citizen
vision Head:
11/5/93
11/23/93
Council /Intro
12/14/93
Cminrf I /Hearing
Dept. Head:
Prosecutor.
6? .
!d/la�i3
Purchash g j Budget:
Executive:
SUBJECT:
Amending ordinance 93 -025 to allow limited consent to assignment of cable television franchise rights for
security purposes
ATTACHMENTS:
ordinance
SUMMARY 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 Please explain below
Budget line item number(s): ,
thland Cable Properties Seven Limited Partnership wishes to assign its community antenna television system
for security purposes to its lender, Seattle First National Bank. 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
x.,14/93: Council adopted the ordinance.7 -0.
Related File Numbers: Ordinance or Resolution Number (this item only): Ord
93 -093
northlan.ord 11/5/93
SPONSORED BY: Consent
PROPOSED BY: Council
INTRODUCTION DATE: 11/23/93
1 ORDINANCE NO. 93 -093
2 AMENDING ORDINANCE 93 -025 TO ALLOW LIMITED
3 CONSENT TO ASSIGNMENT OF _CABLE TELEVISION
4 FRANCHISE RIGHTS FOR SECURITY PURPOSES
5 WHEREAS, Northland Cable Properties Seven Limited Partnership wishes to
6 assign its cable system assets for security purposes to its lender, Seattle -First National
7 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 Northland Cable Properties Seven Limited Partnership
12 (franchisee) to assign its cable system assets for security purposes to its lender, Seattle
13 First National Bank (lender). If the lender forecloses on its security interest and takes,
14 over operation of the cable system, the Whatcom County Council consents to the lender
15 acting as franchisee under the terms of the cable television franchise issued to Country
16 Cable, Inc., Ordinance No. 92 -077, dated October 27, 1992, which franchise was assigned
7 to Northland Cable Properties Seven Limited Partnership pursuant to the consent of the
18 Whatcom County Council, as documented by Ordinance No. 93 -025, dated May 25, 1993,
19 a copy of which is attached as Exhibit A, and all amendments thereto, so long as such
20 operation is in accordance with the terms and conditions of the franchise and the
21 Whatcom County Code._
22 BE IT FURTHER ORDAINED that any further assignment of the franchise by
23 the franchisee or the lender must first be consented to in writing by the Whatcom
24 County Council. Consent to transfer or assignment of the franchise by the lender to
25 continue operation of the cable system shall not be unreasonably withheld. The
26 Whatcom County Council will temporarily consent to interim assignment or transfer of
27 the franchise rights so as to allow continued operation of the cable system pending
28 formal approval by the County Council.
29 BE IT FURTHER ORDAINED that Whatcom County agrees to notify the
30 lender at 701 Fifth Avenue, 12th Floor, Seattle, Washington 98104, Attention: Mr.
31 Edward Forman whenever the franchisee is in default under the terms of the franchise
32 or county code and the county has determined to terminate, revoke, or annul the
33 franchise. The county will allow the lender to cure any default within a reasonable
34 period of time as determined by the county.
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1 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
13 ATTEST:
14
15 Ramona Ree ves, Council Clerk
16 APPROVED AS TO FORM:
-7��
18 Civil Deputy Prosecutor
19
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marge 'dlaw, Council -Chair
(✓j Approved ( ) Denied
�a"V' c
Shirley Van anten, ecutive
Date: / , - 7-
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