HomeMy WebLinkAbout1991-3328 Transfer of Franchise Grant (US West) t j
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ORDINANCE NO. r 1PO 3 2 8
•
AN ORDINANCE consenting to the transfer of the franchise
granted by Yakima Ordinance No. 2444 to Pacific
Northwest Bell Telephone Company to said compa-
ny's successor in interest, U.S. WEST Communica-
tions, Inc.
WHEREAS, Pacific Northwest Bell Telephone Company, doing
business as U.S. WEST Communications, operates in Yakima under
the terms of a franchise granted in Ordinance No. 2444; and
WHEREAS, Pacific Northwest Bell Telephone Company on
January 1, 1991 was merged together with its sister corpo-
rations, Mountain States Telephone & Telegraph Company and
Northwest Bell Telephone Company. The surviving corporation
is C.S. WEST Communications, Inc.; and
WHEREAS, Section 10 of Franchise Ordinance No. 2444
requires the consent of the Yakima City Council in order for
Pacific Northwest Bell Telephone Company to transfer its
S franchise rights in said ordinance to another party; and
WHEREAS, the City Council finds it is in the best inter-
est of the City of Yakima to assign said franchise to U.S.
WEST Communications, Inc.; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 The City of Yakima does hereby consent to the
transfer of Franchise Ordinance No. 2444, to U.S. WEST Commu-
nications, Inc., the successor corporation to the merger of
PaLif Northwest Bell Telephone Company, Mountain States
Teler & Telegraph Company, and Northwestern Bell Telephone
Compar,
Sec 1 2: U.S. WEST Communications shall, effective
January 1, 1991, inure to all the rights and privileges con-
tained in Ordinance No. 2444, as last amended, and shall be
subject to all of, the obligations of said ordinance, as last
amended.
Section 3: This ordinance shall be in full force and
effect 30 dais after its passage, approval, and publication as
• provided 'DI law and by the City Charter.
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(ord pnb)
PASSED BY THE CITY COUNCIL, signed and approved this
Z day of ;.//�Yl�c/9t'i,/ 1991.
g :-t 42nd
Mayor
A TTEST
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City Clerk
Publication Date /-/
Effective Date
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(ord'pnb)
U S WEST, Inc.
6300 South Syracuse Way
Suite 700 North
Englewood, Colorado 80111
• 303 850-3918
Robert C. dapped
Director
State & Local Taxes
November 29, 1990
Mr. John R. Hanson r' cIVEO
Director of Finance & Budget �� �ati�
City of Yakima DEC 1019 0
City Hall
Yakima, Washington 98901 Df Gi.
Dear Mr. Hanson: CITY LEGAL
Pacific Northwest Bell does business in Yakima according to
the terms of Franchise Ordinance No. 2444. Since July 1988,
when our business was reorganized around customer market
segments, Pacific Northwest Bell, in association with its
sister companies Mountain States Telephone & Telegraph
Company and Northwestern Bell Telephone Company, has been
doing business under the common name of U S WEST
Communications. However, even though operating under the U
• S WEST Communications name, each of the three companies
retained its own separate legal corporate identity.
Recently a decision was made to merge the three separate
companies into one legal entity, named "U S WEST
Communications, Incorporated," in order to bring the legal
structure of the companies into conformance with our
operating structure. The merger of the three companies into
one corporation will become effective January 1, 1991.
Section 10 of Yakima Ordinance No. 2444 provides in
pertinent part that,
This franchise shall not be leased, assigned or otherwise
alienated without the express consent of the City Council
by ordinance passed for that purpose, and no rule of
estoppel shall be invoked against the City in case it
shall assert the invalidity of any attempted transfer in
violation of this provision.
Pursuant to the provisions of Section 10, Pacific Northwest
Bell respectfully requests the City Council of Yakima to
consent by ordinance to the assignment of the franchise
granted to Pacific Northwest Bell by Ordinance No 2444, to
U S WEST Communications, Incorporated, the survivor of the
merger of Pacific Northwest Bell Telephone Company, Mountain
States Telephone & Telegraph Company and Northwestern Bell
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Telephone Company. U S WEST Communications, Incorporated,
as the successor to Pacific Northwest Bell, will, effective 411
January 1, 1991, be bound by and assume the obligations of
Franchise Ordinance No. 2444, as last amended, according to
its terms.
For your convenience we have provided a draft of a possible
ordinance that you could use to consent to the transfer of
the franchise from Pacific Northwest Bell to U S WEST
Communications, Inc. If you have any questions regarding
this matter, please contact me at the address and telephone
number indicated above.
Sincerely,
Robert C. Leppert
Director -State & Local Taxes
Attachment
cc: George Chappel, U S WEST Communications
Ed Shaw, U S WEST Communications
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