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Home My WebLink AboutOrdinance 3956 ORDINANCE NO. 3956 AN ORDINANCE PROVIDING FOR THE TRANSFER AND ASSIGNMENT OF A CABLE TELEVISION FRANCHISE FROM TELE-COMMUNICATIONS OF NORTHWEST ARKANSAS LIMITED PARTNERSHIP TO TCA CABLE PARTNERS. WHEREAS, the City of Fayetteville, Arkansas (the "City ") granted to Warner Cable Communications, Inc. ("WCC") a Cable Television Franchise (the "Franchise") via Ordinance No. 3413 , dated March 7, 1989, as amended by Ordinance No. 3589, dated January 21 , 1992 and Amendment to Franchise Agreement dated February 21 , 1992; WHEREAS, pursuant to Section XII of the Franchise, WCC assigned all of its right, title and interest in the Franchise to TWE; WHEREAS, pursuant to Section XII of the Franchise, TWE assigned all of its right, title and interest in the Franchise to Tele-Communications of Northwest Arkansas Limited Partnership ("TCNA") via Ordinance No. 3882, dated March 21 , 1995 ; WHEREAS, TCNA has entered into a General Partnership with Donrey Media, hereafter known as TCA Cable Partners ("TCAP"). Under the terms of this partnership, TCNA will transfer to TCAP substantially all of the assets of its cable television system serving the City (the "System"), including its rights under the Franchise; WHEREAS, in accordance with Section XII of the Franchise, the Mayor and City Attorney have received a written petition from TCNA requesting approval of the City Council to the transfer of the Franchise to TCAP; WHEREAS, TCNA and TCAP have filed a Form 394 with the City, which sets forth the financial and technical qualifications of TCAP to operate the System; WHEREAS, Section XII of the Franchise requires that prior to an assignment of the Franchise by TCNA the City grant its consent thereto, and that such consent shall not be unreasonably withheld; WHEREAS, TWE notified the City by letter dated February 25 , 1993 that TWE desires to renew the Franchise for an additional five-year period, extending the term of the Franchise through October 31 , 2000 in accordance with Section III and XIII of the Franchise; and, WHEREAS, TCNA has substantially complied with the material terms of the Franchise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council hereby authorizes and consents to, in all respects, 01 1 : 1 r the assignment and transfer by TCNA of the Franchise to TCAP, its successors and assigns, and the assumption by TCAP of the obligations of TCNA under the Franchise that relate to periods from and after the date of closing of the Agreement. Section 2. The City confirms that: (a) the Franchise was properly granted; (b) the renewal Franchise is currently in full force and effect and expires, upon franchise renewal, on October 31 , 2000; (c) TCNA is recognized as the present holder and owner of the Franchise; (d) the Franchise supersedes all other agreements between the City and TCNA and with amendments represents the entire understanding between the City and TCNA with respect to the System and TCNA's provision of cable television and other telecommunications services within the City and TCNA has made no commitments and owes no obligations to the City other than those specifically stated in the Franchise; (e) TCNA is materially in compliance with the provisions of the Franchise; and (f) there exists no known fact or circumstance which constitutes or which, with the passage of time or the giving of notice or both, would constitute a default or breach under the Franchise, or would allow the City to cancel or terminate the rights thereunder except upon the expiration of the full term thereof. PASSED AND APPROVED this 19TH day of March , 1996. APPROVED: red Hanna, Mayor ATTES By: Traci Paul, City Clerk t L 4 FICR 356 STATE OF ARKANSAS SS. ORDINANCE N0. 3956 Gal and technical the System: County of Washington * ;1CR®Tr•rgL��/t,TED of TCAP to operate the System: j�/11` I g lY ll AN ORDINANCE PROVIDING WHEREAS, Section XII of the FOR THE TRANSFER AND Franchise requires that prior to I, RANDALL COPE, hereby certify that I am the publisher of THE ASSIGNMENT OF A CABLE an assignment of the Frachise TELEVISION FRANCHISE by TCNA the City grant its ran- NORTHWEST ARKANSAS TIMES, a daily newspaper having a second FROM TELE-COMMUNICA- sent thereto, and that such con- Class mailingprivilege, and being not less than four pages of five TIONS OF NORTHWEST AR- sent shall not be unreasonably P g g P g KANSAS LIMITED PARTNER- withheld; Columns each, published at a fixed place of business and at fixed (daily) SHIP TO TCA CABLE PART- NERSWHEREAS, TWE notified the Intervals continuously y y y g In the Cit of Fayetteville, of Washington, City by letter dated February Arkansas for more than a period of twelve months, circulated and WHEREAS, the City of Fayet- 25. 1993 that TWE desires to teville, Arkansas (the "City") renew the Franchise for an ad- distributed from an established place of business to subscribers and granted ed to warner Cable Com- deriding five-year period, ex- man to W Inc. ('WCC") a tending the term of the Fran- readers generally of all Classes In the City and County for a definite price Cable Television Franchise (the chise through October 31 , 2000 for each copy, or a fixed price per annum, which price was fixed at what Franchise") via Ordinance No. in accordance with Section III 3413, dated March 7, 1989, as and XIII of the Franchise and, IS Considered the Value of the publication, based upon the news value amended by ordinance No. 3589, dated January 21 , 1992 WHEREAS, TCNA hes sub- and service value it contains, that at least fifty percent of the subscribers and Amendment to Franchise stantially complied with the me- thereto have paid for their subscriptions to the newspaper or its agents Agreement dated February 21 , terial terns of the Franchise. 1992: or through recognized news dealers over a period of at least six months NOW, THEREFORE, BE IT and that the said newspaper publishes an average of more than forty WHEREAS, pursuant to Sec- ORDAINED BY THE CITY tion XII of the Franchise, WCC COUNCIL OF THE CITY OF percent news matter. assigned all of its right, title and FAYETTEVILLE, ARKANSAS: iterest in the Franchise to TWE; ! Section 1. That the CM Council WHEREAS, pursuant to Sec- hereby authorizes and con- I further Certlf that the l@ al notice attached m the matter of tion XII of the Franchise, TWE sans to, in all respects, the as- assigned s- g interest all of its right, title and of the and transfer by TCNA /I, _ /�� interest in the Franchise to of the Franchise to TCAP, its �L7(/.Ly Tele-Communications of North- successors and assigns, and west Arkansas Limited Partner- the assumption by TCAP of the ship ('TCNA") via Ordinance obligations of TCNA under the was published in the regular daily issue of said newspaper for No. 3882, dated March 21 , Franchise that relate to periods P 9 Y p 1995; from and after the date of clos- Consecutive insertions as follows: ^ G(/ WHEREAS. TCNA has entered Ing of the Agreement. into a General Partnership with Section 2. The City confirms The first insertion on theadn A LCday of 19 Donrey Media, hereafter known that: (a) the Franchise was as TCA C9ble Partners property granted; (b) the renew. ('TCAP"). Under the terms of al Franchise is currently in full the second insertion on the da of 19 this partnership, TCNA will force and effect and expires, y transfer to TCAP substantially upon franchise renewal, on Oc all of the assets of its cable tel-, tober 31 , 2000; (c) TCNA is. the third insertion On tt10 da Of 19 evision system serving the City recognized as the present hold. y (the "System-), including its er and Owner of the Franchise; rights under the Franchise; (d) the Franchise supersedes all other agreements between and the fourth Insertion On the day of 19 WHEREAS, in accordance with the City and TCNA and with Secion XII of the Franchise, the amendments represents the Mayor and City Attorney have entire understanding between received a written petition from the City and TCNA with respect TCNA requesting approval of to the System and TCNA's pro- the City Council to the transfer vision of cable television and PUbIIS r / General Manager of the.Franchise to TCAP; other telecommunications serv- ices within the City and TCNA WHEREAS, TCNA and TCAP has made no commitments and have filed a Form 394 with the owes no obligations to the City City, which sets forth the Finan- other than those specifically Swom to and subscribed before me on this By of stated in the Franchise; (e) [/� ,tp - - TCNA is materially in sof the �M /!„� 19 -1 6 ante with the provisions of the �.V11/� Ay/�X/ Franchise; and (f) there exists no known fact or circumstance which constitutes or which, with the passage of time or the giv- !fere:ellff f1 -eey e• etell:ee !t( Ing of notice or both, would •- constitute edefault Or Dreach�, j1 f .:1� under the Franchise, or would ' allow the City to cancel or ter- Notary �+ t`iola Put)11C, $t01C OI rK r' '-Q� ry < Public minate the rights thereunder ?' Wa hlnctonCounty' � except upon the expiration of, My Commission Explr@s: - c, ..;•...- 11'7/?7705 'e the full term thereof. ?; t+ly c • "• ^ r•" '- I �<uu «acct«accca urc<cccacca•et PASSED AND APPROVED this 19th day of March. 1996. APPROVED; Fees for Printing .... ..... .. .... ..... .... ..... ..... .............$ J By: Fred Hanna, Mayor Cost of Proof.... .. ......... .............. .. ....... ..... ... .. ... ..$ ATTEST. By: Total....... ........... .. ....... .... . ..... .... ..... .. .......... .. ... ...$ I b J Traci Paul, City Clerk