HomeMy WebLinkAbout4390ORDINANCE NO. 4390
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the change of
indirect control of Astound Broadband, LLC, a
Franchisee of the CitY.
RECITALS
A. Astound Broadband, LLC ("Franchisee") owns, operates and
maintains a telecommunications system (the "System") in the City of Kent
pursuant to a franchise ("Franchise") granted by the City of Kent ("City") -
Ordinance No. 4144 - and Franchisee is the current duly authorized holder
of the Franchise.
B. Pursuant to an Agreement and Plan of Merger ("A9reement"),
funds associated with stonepeak Infrastructure Partners ("Acquirer"), a
Delaware limited liability company, will purchase 100o/o of the membership
interests of Radiate Holdings, L.P., a Delaware limited partnership, (which
owns 100o/o of the indirect ownership interests in Franchisee), and, as a
result, the indirect control of Franchisee will change (the "Change of
Control").
C. Franchisee and Acquirer have requested the consent of the City
to the Change of Control in accordance with the requirements of the
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Astound Broadband, LLC
Approval of Change of Control 'Ordinance
Franchise Section 28.2, and have provided the City with all information
necessary to facilitate a decision by the City (the "Application").
. D. The City has reviewed the Application, followed all required
procedures in order to consider and act upon the Application, and finds
Acquirer to be suitable to indirectly control Franchisee.
E. per Section 28.2 of the Franchise, Franchisee must reimburse
the City for all direct and indirect costs and expenses reasonably incurred by
the City in considering this request to transfer'
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
ORDINANCE
SECTION 7, Recitals Incorporated. The above Recitals are
incorporated into this Ordinance and constitute findings of the Kent City
Council.
SECTION 2. - Consent to Change of Control. The City Council hereby
consents to the Change of Control, all in accordance with the terms of the
Franchise and applicable law.
SECTION 3, - Franchise AuthoritY. The City confirms that the
Franchise is valid and outstanding and in full force and effect and there are
no defaults under the Franchise. Subject to compliance with the terms of this
Ordinance, df,y action necessary with respect to the Change of Control has
been duly and validlY taken.
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Astound Broadband, LLC
Approval of Change of Control -Ordinance
SECTION 4, - Terms of Franchise. This Change of Control does not
change any of the terms contained within the Franchise. Franchisee must
continue to comply with all such terms of the Franchise.
SECTION 5, - Continuing Aareement This Ordinance shall have the
force of a continuing agreement with Franchisee and Acquirer, and the City
shall not amend or otherwise alter this Ordinance without the consent of
Franchisee and Acquirer.
SECTION 6. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 7, - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the Code Reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION g. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law.
DANA MLPH, MAYO
February 16. 2021
Date Approved
0 February 16. 2021
Date AdoptedKIMBERLEYKOMOTO
February 19. 2021
Date Published
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Astound Broadband, LLC
Approval of Change of Control -Ordinance
Iry
APPROVED AS TO FORM:
ARTHUR "ATTORNEY
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Astound Broadband, LLC
Approval of Change of Control 'Ordinance
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.Cldssified Proof
. City ofKen! City Clerk - LEGAL ADS
Fourth Ave S
wA, 98032
- Legal Notices
Reporter
- Jennifer Tribbstt
856-5?28
KOMOTO
4390-92
012A21,02:43:05 pm
802-8212
$0.00
$0.00
$142.04
$0.00
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Classified Proof
CITYOF KENT
NONCE OF
ORDINANCES
PASSED BY THE GITY
COUNCIL
The following are sum-
maries of ordinances
passed by the Kent CitY
Council on February 16,
2021.
ORDINANCE NO. 4390
- AN ORDINANCE of the
City Council of the CitY
of Kent, Washington, aP-
proving the change of in-
direct control of Astound
Broadband, LLC, a Fran-
chisee of the City.
This ordinance shall take
effect and be in force 30
days from and after its
passage, as provided bY
law.
ORDINANCE NO. 4391
- AN ORDINANCE of the
City Council of the CitYof Kent, Washington,
amending Chapter 9.42
of the Kent Ci$ Code,
entitled'Unlawful Race
Attendance," to amend
the definition of "unlalvful
race event" to include
activities involving the
reckless operation of ve-
hicles other than tradi-
tional side-by-side rac-
ino.
Th-is ordinance shall take
effect and be in force 30
days from and after its
passage.
ORDINANCE NO, 4392
-AN ORDINANCE ofthe
Citv Council of the CitY
of - Kent, Washington,amending sections
5.01.040 and 5.01.045
of the K6nt City Code to:
(i) provide a business li-
ibnsing exemption for
vendors who contract
with the City as part of
an event or program fa-
cilitated by, or for a ser-
vice provided to, the
Recreation and Cultural
Seryices Division of the
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City's Parks Department,
and (ii) to make a house-
keeping change to group
an existing exemption
with this new exemption
within section 5.01.045
of the Kent City Code.
This ordinance shall take
effect and be in force 30
days from and after its
passage,
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
Kkomoto@KentWA.gov
253856-5725
w19752
?/19121
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