HomeMy WebLinkAboutR06-160RESOLUTION ROC-160
RESOLUTION APPROVING THE ASSIGNMENT OF A CABLE
TELEVISION FRANCHISE
WHEREAS, Cox Southwest Holdings, L.P. ("Cox" or "Franchisee") owns, operates, and
maintains a cable television system ("System") serving the City of Plainview, TX ("City")
pursuant to a cable franchise ordinance originally with TCA Cable Partners II d/b/a Cox
Communications originally adopted by the City on January 26, 1999 (the "Franchise");
and
WHEREAS, Cox and other entities controlled by Cox Communications, Inc. have
entered into an Asset Purchase Agreement dated October 31, 2005 (the "Agreement")
with Cebridge Acquisition Co. LLC in which, among other things, Cox proposes to sell
and assign to Cebridge Acquisition Co. LLC certain of the assets, including the
Franchise, used by Cox in the operation of the System (the "Transaction"); and
WHEREAS, Cebridge Acquisition Co. LLC will assign, among other things, its right to
acquire the Franchise and System under the Agreement to Cebridge Acquisition, L.P.
("Cebridge") prior to the closing of the Transaction; and
WHEREAS, Cox and Cebridge have requested the consent of the City to the
assignment of the Franchise to Cebridge in accordance with the requirements of the
Franchise and applicable law and have filed with the City a franchise assignment
application on FCC Form 394 that includes information concerning the Transaction and
the legal, technical and financial qualifications of Cebridge (collectively, the
"Application"); and
WHEREAS, under Federal law, 47 U.S.C. § 537, the City must act within 120 days of
receipt of a complete application for assignment or else the assignment is automatically
deemed to be approved and the City loses some rights, and Cox and Cebridge contend
that such deadline is by 11:59 p.m., April 13, 2006; and
WHEREAS, Cox and Cebridge have provided additional information and documents
relating to the proposed assignment; met with the City to discuss the preceding and the
resolution of other cable related matters; and have provided a signed Acceptance
Agreement ("Acceptance Agreement") offering and agreeing to certain terms related to
the assignment and such matters, so long as the City Council adopts a resolution
consenting to the assignment on or before 11:59 PNI on April 13, 2006; and
WHEREAS, relying on all the preceding the City finds that it is in the public interest of
the City and its residents to consent to the assignment on the terms set forth in the
Acceptance Agreement, and separately to consider an ordinance amending the
Franchise in accordance with certain terms of such Acceptance Agreement.
Resolution R06-160 Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PLAINVIEW AS
FOLLOWS:
SECTION 1. The City hereby approves, subject to the terms of the Acceptance
Agreement, the assignment of the Franchise by Cox to Cebridge.
SECTION 2. The City's approval of the assignment of the Franchise by Cox to
Cebridge shall be final and effective immediately.
SECTION 3. The Mayor is hereby authorized and directed to immediately sign the
Acceptance Agreement, City staff is directed to return a fully signed copy of the
Acceptance Agreement to Cox and Cebridge, and the City Manager, City Attorney,
Special Counsel and City Staff are hereby authorized and directed to take such actions
as may be necessary and proper to effectuate and implement such Acceptance
Agreement.
PASSED, ADOPTED APPROVED this 11th day of April, 2006.
J hen C.
.t~"'~
Anderso ,Mayor
ATTEST:
~~~
Belinda Hinojosa, City Secretary
I, the undersigned, being the duly appointed, qualified and acting Clerk of the City of
Plainview, TX, hereby certify that the foregoing Resolution No. R06-160 is a true,
correct and accurate copy as duly and lawfully passed and adopted by the governing
body of the City of Plainview, TX on the 11th day of April, 2006.
Resolution R06-160 Page 2 of 2