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