HomeMy WebLinkAbout04-13-2006-12.11 - Resolution - 04/13/2006
RESOLUTION NO. 04-] 1-700/;_1 7 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, APPROVING THE ASSIGNMENT OF A CABLE
TELEVISION FRANCHISE AND POLE ATTACHMENT AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Cox Southwest Holdings, LoP. ("Cox" or "Franchisee") owns, operates, and
maintains a cable television system ("System") serving the City of College Station, TX
("City") pursuant to a cable franchise ordinance adopted by the City on December 4,
2003 (the "Franchise") and a pole attachment agreement with Community Cablevision
Corporation dated July 31, 1970 ("Pole Attachment Agreement") which was
subsequently transferred to Cox; 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, LoP.
("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 V.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 I I :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 I I :59 p.m. 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 of the Franchise and the
assignment of the Pole Attachment Agreement on the terms set forth in the Acceptance
RESOLUTION NO. 04-13-2006-12.11
Page 2
Agreement, and separately to consider an ordinance amending the Franchise in
accordance with certain terms of such Acceptance Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1:
PART 2:
PART 3:
PART 4:
ADOPTED this
The City hereby approves, subject to the terms of the Acceptance
Agreement, the assignment of the Franchise by Cox to Cebridge.
The City hereby approves, subject to the terms of the Acceptance
Agreement, the assignment of the Pole Attachment Agreement by Cox to
Cebridge.
The City's approval of the assignment of the Franchise and the Pole
Attachment Agreement by Cox to Cebridge shall be final and effective
immediately.
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 and this Resolution 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.
13th
day of April, 2006.
APPROVED:
~~-L'
.. '-'~-"\.../
RON SIL V 1\, Mayor
t;;;:~
Connie Hooks, City Secretary
APPROVED:
City Attorney
2