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HomeMy WebLinkAbout2002-050 Advanced TelCom Group Franchise Transfer to GEBPS ORDINANCE NO. 2002- 50 AN ORDINANCE relating to the telecommunications system franchise granted to Advanced TelCom Group, Inc. under City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, as amended by City of Yakima Ordinance No. 2001 -67, and approving the transfer of the telecommunications system franchise from Advanced TelCom Group, Inc. to GE Business Productivity Solutions, Inc. • WHEREAS, Advanced TelCom Group, Inc. ( "ATG ") is duly authorized to operate and maintain a telecommunications system in the City of Yakima, Washington, pursuant to the terms and conditions of a telecommunications system franchise (the "franchise ") as granted by the City of Yakima (the "City ") under City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, as amended by City of Yakima Ordinance No. 2001 -67; and WHEREAS, ATG has entered into an agreement to complete a transaction (the "transaction ") with GE Business Productivity Solutions, Inc. ( "GEBPS "), pursuant to which GEBPS will purchase certain assets of ATG in the State of Washington, including ATG's Yakima customer base and certain fiber facilities . located in City rights -of -way; and WHEREAS, pursuant to the transaction, ATG has agreed to transfer all of its rights, privileges and obligations under the franchise to GEBPS; and WHEREAS, as provided for in Section 2.13 of the franchise, ATG must request and be given consent by the City to transfer the franchise to another entity prior to such transfer of the franchise occurring; and • ,.f WHEREAS, ATG has requested consent by the City to transfer all of its rights, privileges and obligations under the franchise to GEBPS, to the extent that such consent is required under the franchise, in accordance with the terms, conditions and requirements of the franchise; and WHEREAS, the City has conducted a review of a formal franchise transfer application letter and accompanying materials and has concluded that consent to the transfer of the franchise from ATG to GEBPS should be given; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: SECTION 1. The City hereby consents to and approves the transfer of the franchise from ATG to GEBPS, to the extent such consent is required by the terms and conditions of the franchise and applicable law, and the assumption by GEBPS of all obligations and liabilities of ATG under City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, as amended by City of Yakima Ordinance No. 2001 -67, known and unknown, subject to applicable law. SECTION 2. The franchise, as granted by City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, as amended by City of Yakima Ordinance No. 2001 -67, shall be amended upon the effective date of this ordinance, as set forth in this ordinance. Any terms of City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, as amended by City of Yakima Ordinance No. 2001 -67, not expressly amended by this ordinance shall remain in full force and effect. SECTION 3. As provided for in Section 7.5 of the franchise, GEBPS shall, prior to the effective date of this ordinance, provide the City with proof of insurance (refer to Subsection 7.5.2) in the amounts specified in the franchise (refer to Subsection 7.5.1 (1), (2) and (3)) and, as provided for in Section 7.6 of the -2- r franchise, GEBPS shall, prior to the effective date of this ordinance, provide the City with a performance bond in the amount specified in the franchise. SECTION 4. Upon the date this ordinance becomes effective, this ordinance shall have the force of a continuing agreement with GEBPS and shall not be amended, changed or otherwise altered without the consent of the City and GEBPS. SECTION 5. This ordinance shall be in full force and effect thirty (30) days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 17th day of September , 2002. CITY OF YAKIMA GE BUSINESS PRODUCTIVITY SOLUTIONS , INC. ii 4y7 Jar( B . f !-�'�- V 0 - /' /� Mary ace, Mayor Its: li .I. 1- i / Attest: City Clerk Franchise City aNitinatX No: F 00 001 Ordinance No: 2002 -50 -3- . State of �� �= / ) ) ss. County of FULTO ' I hereby certify that I know or have satisfactory evidence that tYL J EDEN H . G/ is the person who appeared before me, and said person acknowledged that he /she signed this instrument, and on oath stated that he /she was authorized to execute the instrument on behalf of GE Business Productivity Solutions, Inc., and acknowledged it as the j9- 55I.sr4ntr of GE Business Productivity Solutions, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated this / �r day of Ocm , 2002. ���'� 0 N p Print GY � V512-724.771-0 y /Lj Print Name: /�//A -sir (y L atiN© 't.° 1. � NOTARY PUBLIC in and for the State zs, ¢ - of , residing s po p : sty at '. % % ∎•• My commission expires: ` a EFROKEt -4- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 'T I'.5 For Meeting of September 17, 2002 ITEM TITLE: An ordinance relating to the telecommunications system franchise granted to Advanced TelCom Group, Inc. under City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, as amended by City of Yakima Ordinance No. 2001 -67, and approving transfer of the franchise from Advanced TelCom Group, Inc. to GE Business Productivity Solutions, Inc. SUBMITTED BY: Bill Cook, Director, Community and Economic Development Department CONTACT PERSON /TELEPHONE: Randy Beehler, Telecommunications Manager, 575 -6092 SUMMARY EXPLANATION: On April 4, 2000, the City Council granted a telecommunications system franchise (the "franchise "), under City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, to Avista Communications of Washington, Inc. ( "Avista "). On December 4, 2001, the City Council passed City of Yakima Ordinance No. 2001 -67 authorizing transfer of the franchise from Avista to Advanced TelCom Group, Inc. ( "ATG "). Since then, ATG has provided various telecom services to customers in Yakima. ATG recently entered into an agreement with GE Business Productivity Solutions, Inc. ( "GEBPS ") under which GEBPS will purchase certain ATG assets including ATG's Yakima customer base and telecom system. In conjunction with the purchase by GEBPS of ATG's Yakima assets, ATG has requested that the City give its consent to the transfer of the franchise to GEBPS. Section 2.13 of the franchise requires the consent of the City prior to any such transfer of the franchise occurring. Once the franchise is transferred to GEBPS, GEBPS will assume all rights, privileges and obligations of the franchise as it currently exists. The attached ordinance gives the consent of the City to the transfer of the franchise from ATG to GEBPS. Resolution Ordinance X Other (specify) Contract Mail to (name & address) Phone: Funding Source APPROVAL FOR SUBMITTAL: \ _W' L- ity Manager STAFF RECOMMENDATION: Pass ordinance. BOARD /COMMISSION RECOMMENDATION: N/A COUNCIL ACTION: Yakima Urban Area • _ --- Comprehensive PI n 1 _ a p eh m r a. _. - GR AN- �K -- -- - — SE . L UR W //'�� E and Use ® �� Future MAP III -3 • L . • 09/03/2002 I ▪ I , FUTURE LAND USE t • �:':_ _ . Low Density Residential • ea ^ 1 P Medium Density Residential High Density Residential • — � q _ I 7 - ®_ Professional Office • I. .. d l' 1 I I_ € l �: I TERRACE H�GHT$ i i`?1 Neighborhood Commercial ° I k , r .: I L i - k URBAN GROWS H_AREA Large erial Convenience Commercial Center • w �:_ �{ 1 { - - I [,4'i � - Il 1 -" ,..,....'..:ft..,,'..',-7-:' iI „ qua �Fll i.��il. -.■ + ", t i 1- "�.. • t I __ s { ( ix(� ! 116 A Il l i ! Art • ® e.r� I'' ' 1 t' 1 fa I �I1� i' !� 1 'I _ 7 '<,...N. I✓ !Lr� 11 � � 'I k CBD Core Commercial 1 - t I 1 ) { -L 1 - __ - I .1, - �� l�E �a - .1 ! I 1 r i 1 , 1 t r f I az H12 a f f 'p Industrial fi 1 1 - ., :. g " { I � I IT r i! ! ' f ' ' i s a �b 1,11 ' l I + I 1 1 - � { � ! lr l 1 I I €I ' i t • 1 i (1 r r . 1 1! , Urban Reserve B I 1 llls = = ,� • _ I ," k 1•- u I ,_, II II '1I 11 - 1 ▪ I ' ▪ !ryi I "ti Yril,'A.w 1 r • - - {, fv y ! 1 k ! 1 , l . ! ;fi i i t µ Lakes / Reservoirs I I d r ! 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Ya4 et . nL fr.k. is 0 I Owl% ■■• tOe i*iii; 1 -, ... -_ - - _. _ -. - _ - -- - - - ,. - _._ It' et ®P a oe $ .. - - - - - -' -- - " - -- - _.. - -- - - - -•. -- `'- - . -- Scare hn 1500f1 I-- • ._ _. - ._ _ � - 0 2250 4500 • - - Created: August 28, 2002 1 a • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. '._. . i FOR MEETING OF: September 3, 2002 ITEM TITLE: Ordinance approving the year 2002 Yakima Urban Area Comprehensive Plan Future Land Use Map amendments. SUBMITTED BY: ('William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Dan Valoff, Acting Planning Division Manager, 575 -6163 SUMMARY EXPLANATION: On August 20, 2002 the City Council Board of County Commissioners voted to approve the year 2002 Yakima Urban Area Comprehensive Plan Future Land Use Map amendments as recommended by the Yakima Urban Area Regional Planning Commission. The attached ordinance formally adopts these changes to the Yakima Urban Area Future Land Use Map III -3. Resolution Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: �-6 - ity Manager STAFF RECOMMENDATION: Adopt ordinance. BOARD RECOMMENDATION: Regional Planning Commission and the Urban Area Joint Board approved amendments. COUNCIL ACTION: