HomeMy WebLinkAbout1995-178-12/19/1995-CABLE TV SYSTEM COLUMBINE CABLEVISION FRANCHISE AGREEMENT HERITAGE CABLEVISION DELAWARE SALE RESOLUTION 95-178
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE SALE OF COLUMBINE CABLEVISION
TO HERITAGE CABLEVISION OF DELAWARE, INC.
WHEREAS,on November 2, 1993,the Mayor,was authorized by City Council in Ordinance
No. 116, 1993, to enter into a Franchise Agreement with the World Company, doing business as
Columbine CableVision, ("Columbine"); and
WHEREAS, the Franchise Agreement grants to Columbine a non-exclusive franchise to
construct, reconstruct, operate and maintain a cable TV system within the City; and
WHEREAS,Section XXVI of the Franchise Agreement provides that in the event Columbine
desires to sell its local cable TV system that it must first give the City written notification, as
required by federal law, of its intent to sell its cable system; and
WHEREAS, Section XXVI of the Franchise Agreement provides that the City shall have
one hundred twenty days (120) after such initial notification in which to render a written decision
concerning the City's approval or disapproval of such sale; and
WHEREAS,Section XXVI further provides that in reviewing a proposed sale by Columbine
of its cable system, that the City may inquire into the legal,technical and financial qualifications of
the prospective buyer and that the City may condition its approval of the sale upon such terms and
conditions as it deems reasonably appropriate provided, however, that the City shall not
unreasonably withhold its consent and that any such terms and conditions so attached shall be related
to the legal,technical and financial qualifications of the prospective buyer or to the resolution of any
existing and unresolved issues of non-compliance under the Franchise Agreement by Columbine;
and
WHEREAS, on September 29, 1995,the City received from Columbine written notification
of its intent to sell its local cable TV system to Heritage Cablevision of Delaware, Inc. ("Heritage");
and
WHEREAS,Heritage is an indirect,wholly-owned subsidiary of TCI Communications,Inc.
("TCI"); and
WHEREAS, City staff has reviewed the qualifications of Heritage and has concluded that
Heritage is capable of meeting Columbine's obligations under the Franchise Agreement; and
WHEREAS, Columbine is currently in full compliance with the terms and conditions of the
Franchise Agreement; and
WHEREAS, the Cable TV Board has also reviewed Columbine's proposed sale of its local
cable TV system to Heritage and has recommended to Council that it approve such sale without any
terms or conditions; and
WHEREAS, Council has considered the qualifications of Heritage, the fact that Columbine
is currently in full compliance with the terms and conditions of the Franchise Agreement, and the
Cable TV Board's favorable recommendation, and after having done so, has determined that
approving Columbine's proposed sale of its local cable TV system to Heritage is required by Section
XXVI of the Agreement and federal law.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS,that Columbine's proposed sale of its local cable TV system to Heritage, as set forth in
Columbine's September 29, 1995,written notification to the City, is hereby approved in accordance
with the provisions of Section XXVI of the Franchise Agreement.
Passed and adopted at a regular meeting of the City Coun ' el this 19th d e ember,
A.D. 1995.
Mayor
ATTEST:
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City Clerk_