HomeMy WebLinkAbout6098RESOLUTION NO. 6098
A RESOLUTION CONSENTING TO THE ASSIGNMENT BY
PUEBLO TV POWER, INC. OF ITS PERMIT TO OPERATE
A COMMUNITY TELEVISION SYSTEM WITHIN THE CITY
OF PUEBLO TO TCI CABLEVISION OF COLORADO, INC.
WHEREAS, pursuant to Chapter 5 of Title XIV of the 1971 Code
of Ordinances (herein "Ordinance "), a revocable Permit to operate
a Community Television System within the City of Pueblo was issued
to Pueblo TV Power, Inc. by Resolution No. 2278 approved by the
City Council on December 27, 1967; and
WHEREAS, the Permit issued by Resolution No. 2278 was renewed
for a period of fifteen years by Resolution No. 3819 approved by
the City Council on August 23, 1976; and
WHEREAS, Pueblo TV Power, Inc. desires to transfer and assign
the Permit to TCI Cablevision of Colorado, Inc. pursuant to a
corporate reorganization within Tele- Communications, Inc., the
parent company of both T. V. Power, Inc. and TCI Cablevision of
Colorado, Inc.; and
WHEREAS, TCI Cablevision of Colorado, Inc. has represented to
the City that there will be no change in local management or
operation of the cable television system within the City because
of such corporate reorganization, and that TCI Cablevision of
Colorado, Inc. will comply with any and all obligations under the
Permit; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City of Pueblo hereby consents to the transfer and
assignment by Pueblo TV Power, Inc. to TCI Cablevision of
Colorado, Inc. of the Permit issued to Pueblo TV Power, Inc.
pursuant to the Ordinance by Resolution No. 2278 and renewed for a
term of fifteen (15) years by Resolution No. 3819 adopted August
23, 1976. This consent shall become effective upon:
(a) The closing of the acquisition of all assets of Pueblo
TV Power, Inc. by TCI Cablevision of Colorado, Inc.; and,
(b) The execution and delivery to the City of an instrument,
acceptable to the City Attorney, assigning and transferring the
Permit from Pueblo TV Power, Inc. to TCI Cablevision of Colorado,
Inc. containing: TCI Cablevision of Colorado, Inc.'s understanding
that the City by consenting to the transfer and assignment makes
no representation of any kind or nature concerning the Permit,
including without limitation, the validity of the Permit; TCI
Cablevision of Colorado, Inc.'s representation and warranty that
it will faithfully and continuously operate and conduct a Cable
Television System within the City of Pueblo subject to and in full
compliance with all applicable terms and provisions of (i) the
Ordinance, as amended or as it may be subsequently amended, (ii)
the Cable Communications Policy Act of 1984, as amended, (iii) the
rules and regulations of the Federal Communications Commission,
and (iv) the Agreement dated May 13, 1985 between Pueblo TV Power,
Inc. and the City; and, TCI Cablevision of Colorado, Inc.'s
assumption of all obligations and liabilities of Pueblo TV Power,
Inc. under the Permit and Ordinance.
Upon the effective date of this consent, Pueblo TV Power,
-2-
Inc. shall be released from any future obligations and liabilities
under the Permit and the Ordinance.
ATTEST:
Cit Clerk
INTRODUCED: September 28 , 1987
By MIKE SALARDINO
Councilman
APPR ;n t te 5of
the City CoLVncil
QcIM