2003-177-RES CONSENT TRANSFER OF COMMUNITY ANTENNA TELEVISION FRANCHISE RIGHTS FROM TCA CABLE PARTNERS
RESOLUTION NO. 2003-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, CONSENTING TO THE TRANSFER OF COMMUNITY
ANTENNA TELEVISION FRANCHISE RIGHTS GRANTED UNDER
ORDINANCE NO. 84-039 FROM TCA CABLE PARTNERS II TO COX
SOUTHWEST HOLDINGS, L.P., A WHOLLY-OWNED SUBSIDIARY OF
COX COMMUNICATIONS, INC.; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 11th day of June,
1984, in Ordinance No. 84-039, grant a franchise to McCaw Midwest Communications, Inc.; and,
WHEREAS, thereafter, McCaw Midwest Communications, Inc. was succeeded by McCaw
South Central Communications, Inc.; and,
WHEREAS, thereafter, McCaw South Central Communications, Inc. was succeeded by
Cooke Cablevision, Inc.; and,
WHEREAS, thereafter. Cooke Cablevision, Inc. was succeeded by Texas Community
Antennas, Inc., a wholly owned subsidiary ofTCA Cable TV, Inc., a Texas corporation; and,
WHEREAS, thereafter, Texas Community Antennas, Inc. was succeeded by TCA Cable
Partners II, a new general partnership, which said transfer of assets was consented to by the City
Council of the City of Paris on the 9th day of March, 1998, in Resolution No. 98-035; and,
WHEREAS, pursuant to Section 16(b) of Ordinance No. 84-039, TCA Cable Partners II,
the present holder of the community antenna television franchise rights through the City of Paris,
has applied for consent to the transfer of its assets from TCA Cable Partners II to Cox Southwest
Holdings, L.P., a wholly-owned subsidiary of Cox Communications, Inc.; and,
WHEREAS, said franchise is presently in full force and effect and TCA Cable Partners
II is in compliance with, and not in default of, the terms and conditions of said franchise; and,
WHEREAS, it appears to the City of Paris that Cox Southwest Holdings, L. P. is qualified
to own and operate the community antenna television franchise rights within the corporate limits
of the City of Paris, and it is deemed appropriate that consent for such transfer be granted; and,
WHEREAS, the form of the letter consenting to the transfer, attached hereto as Exhibit
A, should, in all things, be approved, and the Mayor should be authorized to execute the same;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That Cox Southwest Holdings, L.P., successor to TCA Cable Partners II, be,
and it is hereby, granted authority to transfer ownership of the community antenna television
franchise rights granted to it in Ordinance No. 84-039.
Section 3. That the form of the letter consenting to the transfer, attached hereto as Exhibit
A, be, and the same is hereby, approved.
Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, the consent letter, under the terms and conditions and in the form
shown in Exhibit A, attached hereto.
Section 5. That a copy of this Resolution be mailed to Tim Masters, Local Manager of
Cox Southwest Holdings, L.P.
Section 6. That this resolution shall be effective from and after Its date of passage.
PASSED AND APPROVED this 8th day of December, 2003.
r\ (?i. ~,
~Qo ___
Curtis Fendley, Mayor l
ATTEST:
~~.,,~~~~
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
3015 SSE Loop 323
Tyler, Texas 75701
(903) 595-3701
(903) 595-1929 fax
November 24, 2003
BY CERTIFIED MAIL:
RETURN RECEIPT REQUESTED
cox
City of Paris
Attention: The Honorable Mayor of Paris
P.O. Box 9037
Paris, Texas 76461
COMMUNICATIONS
Re: Lease Agreement dated October 1, 1980 between the City of Paris and Midwest
Video Corporation (predecessor to TCA Cable Partners II) d/b/a Cox
Communications (the "Lease") used in connection with the Paris, Texas cable
television franchise (the "Franchise")
Dear Mr. Mayor:
As part of an internal corporate reorganization scheduled to take place on or about
December 31, 2003, TCA Cable Partners II, a wholly-owned subsidiary of Cox Communications Inc.,
will be assigning substantially all of its assets related to the Franchise, including its rights and obligations
under the Lease, to Cox Southwest Holdings L.P., another entity that is a wholly-owned subsidiary of
Cox Communications, Inc. The aforementioned reorganization and assignment of the Lease should have
no effect on the Lease. Following the reorganization, Cox Southwest Holdings, L.P. will assume all of
TCA Cable Partners II's rights, obligations and liabilities under the Lease, including all payment
obligations provided for thereunder.
Please acknowledge your consent to the foregoing assignment by signing, dating and
returning the enclosed copy of this letter to the address referenced above. If you have any questions or
require further information, please do not hesitate to call.
Sincerely yours,
cJ{w~.6lIij-
Kathleen C. Huff
Cox Communications
CONSENTED AND AGREED TO THIS
_ day of ,2003
CITY OF PARIS, TEXAS
By:
Name:
Title:
RECEIVED
NOV 25 2003
EXHIBIT 1l.
CITY MANAGER
PARIS, TEXAS