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RESO 1999-06 - Cable FranchiseRESOLUTION NO. 99-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, GRANTING CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE. WHEREAS, TCA Holdings II, LP ( "Grantee ") currently holds a cable television franchise (the "Franchise ") to own and operate a cable television system (the "System ") in Huntsville, Texas ( "Grantor "); and WHEREAS, TCA Cable TV, Inc. ( "TCA "), has entered into a merger agreement in which TCA will merge into and be a part of Cox Communications, Inc. or a wholly -owned subsidiary ( "Cox "); and WHEREAS, TCA and Cox have jointly submitted to. the Grantor an application on Federal Communications Commission Form 394, requesting for the transfer of control of the cable television franchise held by Grantee and have submitted such other information concerning the transfer of control and Cox, as may be required by law, the Franchise or as requested by the Grantor (collectively, the "Transfer Application "); and WHEREAS, Grantee will continue to hold the Franchise and operate the System subsequent to the transfer of control of Grantee to Cox; and WHEREAS, the Grantor has reviewed the Transfer Application and conducted its review of the legal, technical and financial qualifications of Cox; and WHEREAS, all written comments and staff reports, if any, have been received and made a part of the record; and WHEREAS, following review, the Grantor believes it is in the best interests of the Grantor to approve the transfer of control to Cox, as described in the Transfer Application; NOW THEREFORE, BE IT RESOLVED, that in consideration of the foregoing and the promises set forth herein, the Grantor agrees to the following: 1. Grantor consents to the transfer of control of the cable television franchise held by Grantee to Cox or to a wholly owned subsidiary or affiliate of Cox as described in the Transfer Application; and the Grantor acknowledges that no further consent is required for the assignment of the Franchise to any affiliate company controlled by Cox. 2. Grantor confirms that the Franchise is valid and outstanding and in full force and effect. 3. This Resolution shall take effect immediately PASSED AND APPROVED this 29th day of June 1999. ATTEST: anna Welter, City Secretary APPROVED AS TO FORM: Paul Isham, City Attorney CITY OF HUNTSVILLE, TEXAS g Act William B. Green, Mayor