2006-035-RES-CABLE FRANCHISE - Laserfiche WebLink

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RESOLUTION NO. 2006-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND CONSENTING TO THE TRANSFER AND CONTROL OF THE COX SOUTHWEST HOLDINGS, L.P. ("GRANTEE") CABLE FRANCHISE TO CEBRIDGE ACQUISITION, L.P. D/B/A CEBRIDGE CONNECTIONS, SUBJECT TO CEBRIDGE'S COMPLIANCE WITH PROVISIONS CONTAINED HEREIN; REQUIRING A WRITTENACCEPTANCEBYCOXANDCEBRIDGE;MAKINGOTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Paris provides that no holder of a franchise heretofore or hereafter granted shall have the right to transfer or assign such franchise to any other person, firm, or corporation without the consent of the Council; and WHEREAS, Article V, Section 16 "Transactions affecting ownership of grantee." of Appendix A - Franchises of the Code of ordinances of the City of Paris requires that a franchise shall not be assigned or transferred without the prior written consent of the City; and WHEREAS, Cox Southwest Holdings, L.P. (hereinafter referred to as "Grantee") is currently a Grantee for cable services in the City of Paris, Texas (the "City") pursuant to Resolution No. 2003-177 adopted on the 8th day of December, 2003; and WHEREAS, Grantee is a wholly owned subsidiary of Cox Communications, Inc.; and WHEREAS, Grantee and Cebridge have requested the City's consent to transfer of the Franchise and have filed a FCC Form 394 with the City requesting such consent; and WHEREAS, pursuant to an Asset Purchase Agreement dated October 31, 2005 between Cebridge Acquisition Co. LLC ("Cebridge LLC") and Cox and certain related entities (the "Agreement"), Cox will cause the Grantee to sell and transfer the cable system owned and operated by Grantee within the City ("Transfer") to Cebridge Acquisition, L.P. d/b/a! Cebridge Connections ("Grantee"), which will become an indirect subsidiary (but subject to the direction and control) of Cebridge Connections Holdings, LLC (the "Transaction"); and WHEREAS, current state law provides that a cable or video service provider that currently has or had previously received a franchise to provide cable or video service with respect to a municipality is not eligible to seek a state-issued certificate of franchise authority as to that municipality until the expiration date of the existing franchise agreement; and WHEREAS, Cebridge agrees that, upon the closing of the Transaction, it shall be the successor entity to the incumbent cable service provider, the Grantee, pursuant to Texas law, including, without limitation, Chapter 66, Texas Utilities Code, [Sec. 66.004 (a) and (c)] as adopted by S.B. 5, 79th Texas Legislature, 2nd Called Session, and as such will be operating under the