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INTRODUCED BY COUNCILMEMBER WARE BILL NO. 8285 ORDINANCE NO. 6067 AN ORDINANCE OF THE CITY OF UNIVERSITY CITY, MISSOURI, GRANTING CONSENT TO THE TRANSFER OF A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FROM CONTINENTAL CABLEVISION OF ST. LOUIS COUNTY, INC. TO TCI CABLE PARTNERS OF ST. LOUIS, L.P., AND EXTENDING THE TERM OF SUCH FRANCHISE TO JUNE 23, 1997, SUBJECT TO CERTAIN CONDITIONS INCLUDING THE ADOPTION OF NEW CABLE TELEVISION CONSUMER PROTECTION AND CUSTOMER SERVICE REGULATIONS AND CONTAINING AN EMERGENCY CLAUSE. WHEREAS, Continental Cablevision of St. Louis County, Inc. a Delaware corporation ("Continental") is the current holder and operator of a non-exclusive cable television franchise granted by the City of University City, Missouri; and WHEREAS, Continental desires to transfer the franchise to TCI Cable Partners of St. Louis, L.P., a Colorado limited partnership ("TCICP"), pursuant to an Asset Exchange Agreement dated December 20, 1995, as amended, and said companies have requested the City to consent to such transfer and to waive any right to acquire the assets of the cable system which it may have under the Franchise as a result of the proposed transfer; and WHEREAS, Continental and TCICP submitted information required by federal law and the franchise regarding legal, financial, technical, and other qualifications to consummate the transfer and operate the cable system within the City, including FCC Form 394; and WHEREAS, the City engaged Ken Heinz and Carl Lumley of the law firm of Curtis, Oetting, Heinz, Garrett & Soule, P.C., to review such information; and WHEREAS, said legal counsel reviewed such information and requested, received and reviewed additional information from Continental and TCICP; and WHEREAS, the City, Continental, and TCICP agreed to extend the time for action on the request for consent under 47 U,S.C 537 to August 21, 1996; and WHEREAS, the City and its legal counsel had concerns about the information submitted, and about assuring citizen satisfaction with the cable system and customer service, including the fact that TCICP is a new entity with no financial record or cable system operating experience, the fact that TCICP is not assuming the obligations of Continental under the franchise except those accruing on and after the closing date of the franchise transfer and Continental is discontinuing business operations in the St. Louis area as of such closing date, and the fact that TCICP is not assuming all of Continental's obligations under its "Social Contract" with the FCC; and WHEREAS, the City and the companies have addressed these concerns by the proposal of new consumer protection and customer service regulations attached hereto as Exhibit B and by requesting the companies to supplement their application for consent by submitting the agreement attached hereto as Exhibit A, whereby: Heritage Communications, Inc., an Iowa corporation ("Heritage"), which