Loading...
HomeMy WebLinkAboutRES 86-021 RESOLUTION APPROVING THE TRANSFER OF OWNERSHIP OF GROUP W CABLE, INC. Meeting Sheet a I IIIIII VIII VIII VIII VIII VIII IIII IIII 102379 Box: 23 Folder. RES 1986 Document: RES 86-021 RESOLUTION APPROVING THE TRANSFER OF OWNERSHIP OF GROUP W CABLE, INC. STATE OF MINNESOTA COUNTY OF Hennepin/Ramsey CITY OF St. Anthony RESOLUTION NO. 86-021 APPROVING THE TRANSFER OF OWNERSHIP OF GROUP W CABLE, INC. WHEREAS, Group W Cable, Inc. , a New York Corporation (hereinafter "Group W -Cable" ) , by and through Group W Cable of the North Suburbs, Inc. , a wholly-owned subsidiary, owns, operates and maintains a cable television system in the City pursuant to the terms and conditions of City Ordinance No. 1982-009 (hereinafter "Cable Communications Franchise Ordinance" ) ; and • WHEREAS, Group W Cable's parent corporation, Wesingthouse Broadcasting and Cable, Inc. , an Indiana Corporation (hereinafter "Westinghouse" ) , desires to sell and otherwise transfer all of the issued and outstanding shares of the capital stock of Group W Cable, to Century Southwest Cable Television, Inc. ; a Delaware Corporation; TCI Holdings, Inc. , a Colorado Corporation; American Television and Communications Corporation, a Delaware Corporation, and affiliates of, or subsidiaries or partnerships owned or controlled by, Houston Industries Incorporated, a Texas Corporation; Comcast Corporation, a Pennsylvania. Corporation; and Daniels & Associates, Inc. , a Delaware Corporation; (hereinafter "Buyers" ) , and thereby transfer control of Group W Cable to the Buyers ; and • WHEREAS, Group W Cable has requested the consent from the City to a change in ownership and control of Group W Cable to the Buyers and the transfer of ownership and control and ultiamte transfer of the Cable Communications Franchise Ordinance as amended to North Central Cable Communications, L.P. ; .and WHEREAS, the North Suburban Cable Commission (hereinafter "Commission" ) has been delegated the authority and responsibility to coordinate, administer and enforce the Cable Communications Franchise Ordinance on behalf of City pursuant to the terms of a Joint and Cooperative Agreement for the Administration of a Cable Television Franchise; and WHEREAS, the Commission has held a public hearing on behalf of City and has reviewed the legal, technical, and • financial qualifications of Buyers and found them adequate to own and operate Group W Cable; and WHEREAS, the Commission has recommended to City approval of the transfer of control of Group W Cable to Buyers subject to the actual closing of the stock sale in June, 1986; and WHEREAS, the Commission and City have been advised by Group W Cable and the Buyers that the approval of such stock transfer to Buyers shall in no way be interpreted as an approval, either express or implied, of the transfer of ownership and control and ultimate transfer of the Cable Communications Franchise Ordinance to North Central Cable Communications, L.P. -2- • NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony 1. That the City hereby approves the sale by Westinghouse of all of the issued and outstanding shares of the capital stock of Group W Cable, Inc. and the transfer of control of Group W Cable, Inc. to the Buyers subject to an actual closing of the stock sale transaction in June, 1986, pursuant to the terms and conditions currently . understood by the City as evidenced by the Notice of Transfer, and other information and documents, provided to said Commission and City. 2 . That the approval of the transfer of ownership and control of Group W Cable, Inc. to the Buyers is hereby • deemed not to include any approval, either express or implied, as to any subsequent transfer of ownership or control of Group W Cable, Inc. or Group W Cable of the North Suburbs, Inc. or transfer of the Cable Communications Franchise - Ordinance or related cable communications system to North Central Cable Communications, L.P. , or to any other entity or individual. 3. That this approval is specifically conditioned upon payment in full prior to an actual closing of the stock sale transaction in June, 1986 , of all expenses incurred _by Commission and City related to the Request for Approval of Transfer dated February 4, 1986, including those related expenses incurred prior to receipt thereof, but; incurred in preparation for the receipt of the • Request for Approval. -3- • 4 . That this approval is specifically conditioned upon the understanding that any changes or modifications in the Cable Communications Franchise Ordinance or cable communications system (in place or proposed) which are subject to regulation or control by City and/or Commission shall not be made without the prior review and approval of City and/or Commission pursuant to such procedures as are contained in the Cable Communications Franchise Ordinance or otherwise applicable law. The above listed resolution was moved by Council Member Ranallo , and duly seconded by Council Member Mark The following Council Members voted in the affirmative: Ranallo, Marks , Sundland, Makowske, and Rnrooth The following Council Members voted in the negative: None Passed and adopted this 13th day of May 1986. ATTEST: bi City Clerk M or , City lanag:er ti The undersigned, the City Clerk of the Cy_o_=sit. Anthony , Minnesota, does hereby certify that attached hereto is a true and correct copy of Resolution No. 85-021 which Resolution was duly adopted by the City Council on , , 1986 and is in full force and effect on the date hereof. -Name: Carol B . ohnson Title: City Clerk • -.5-