HomeMy WebLinkAboutORD620ORDINANCE NO.620
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AUTHORIZING AND APPROVING THE
TRANSFER OF THE CABLE TELEVISION LICENSE IN THE CITY OF
APACHE JUNCTION FROM DOWDEN CABLE PARTNERS,L.P.,TO TRIAX
MIDWEST ASSOCIATES PURSUANT TO SECTION 14-1-37 OF THE APACHE
JUNCTION CITY CODE;REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY;AND PROVIDING FOR PENALTIES.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
A.Pursuant to Apache Junction City Code Article 14 CABLE TELEVISION,
Dowden Cable Partners,0.P.,holder of the cable television
license for the City of Apache Junction,has notified the City of
Apache Junction of an agreement to transfer its assets,including
the Cable Television License,to Triax Midwest Associates,L.P.,
a Missouri Limited Partnership,or to an affiliated or related
entity,with its office located at 1000 Hart Road,Barrington,
Illinois,60010.
B.In accordance with Apache Junction City Code Section 14-1-37
Transfer of Ownership,the Apache Junction City Council must
grant consent to any transfer of the Cable Television License
prior to any such transfer and hereby authorizes and approves
the transfer of the assets of Dowden Cable Partners,L.P.,
including the Cable Television License,to Triax Midwest
Associates,effective upon the closing of the transfer of
assets between both parties.Further,that both parties shall
notify the City of Apache Junction of the closing by delivery
of a letter to the City of Apache Junction,Arizona,in which
Triax Midwest Associates shall agree to perform all of the terms
and conditions of the Cable Television License.
C.Pursuant to Aapche Junction City Code Article 14,CABLE TELEVISION,
the Cable Television License shall remain in full force and effect
in all respects in accordance with the terms of the License.
D.In the event Triax Midwest Associates fails to provide the City
of Apache Junction with the required proof of insurance,license
application fee and completed license application,or in any
manner or form fail to comply with the provisions of Article 14
of the Apache Junction City Code prior to the effective date
of this ordinance,the authorization of transfer for the Cable
Television License as granted by this ordinance shall be
rescinded.
ORDINANCE NO.620
PAGE ONE OF TWO
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance or any part of the code adopted herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
I f any section,sub -section,sentence,phrase,clause or portion of this ordinance
or any part of the code adopted herein by reference i s for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portion thereof.
SECTION IV PROVIDING FOR PENALTIES
Any person found guilty of violation any provision of this code shall be guilty
of a class one misdemeanor.Each day that a violation continues shall be a
separate offense punishable as herein above described.
APPROVED AND ADOPTED THIS 19TH DAY OF APRIL ,1988,BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS 21ST DAY OF APRIL ,1988.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
DAVIN F.ALEXAND
City Attorney
ORDINANCE NO.(620
PAGE TWO OF TWO
NORMAN S.HILL
Mayor
by Kenneth Bluntschly,Acting Mayor
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