HomeMy WebLinkAboutResolution - 5449 - Assignment Of Franchise - Coxcom Inc - Per Ordinace # 8573 - 03_27_1997Resolution No. 5449
Item #17
March 27, 1997
WHEREAS, the City of Lubbock, a home rule municipal corporation of the State of
Texas, has authority to grant non-exclusive franchises under applicable provisions of law
pursuant to its authority to regulate and control the use of public streets, alleys and rights -of -way;
and
WHEREAS, the City of Lubbock has heretofore granted a franchise by Ordinance No.
8573 to Transvideo Corporation, a subsidiary of Cox Communications, Inc., doing business as
Cox Cable Lubbock, ("Franchisee"); and
WHEREAS, "Franchisee" desires to assign said City of Lubbock franchise to CoxCom,
Inc., which also is a subsidiary of Cox Communications, Inc., doing business as Cox
Communications as part of a process by which Cox Cable, Inc., is consolidating its many
subsidiaries into a smaller number of subsidiaries to improve operational efficiency, reduce
administrative burdens and to simplify Cox Cable, Inc.'s organizational structure; and
WHEREAS, said consolidation will result in the Franchisee being merged with and into
CoxCom, Inc., and CoxCom, Inc., will be the surviving corporation; and
WHEREAS, CoxCom, Inc., desires to obtain said franchise and makes the commitments
hereunder in consideration of the grant of authority by the City to make use of public streets,
alleys and rights -of -way; and
WHEREAS, the City Council finds the assignment to be in the best interest of the
citizens of the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. The City of Lubbock hereby consents to the assignment of the franchise
issued by Ordinance No. 8573 to CoxCom, Inc., subject to the terms contained herein.
SECTION 2. CoxCom, Inc., shall, within thirty (30) days from the date of passage of this
Resolution by the City Council file with the City Secretary of the City of Lubbock an executed
acceptance of the franchise signed by persons that are duly authorized by CoxCom, Inc., to sign
and make such an acceptance, in the following form:
The Honorable Mayor and City Council of the City of Lubbock:
CoxCom, Inc., for themselves, their successors and assigns, hereby accepts Cable
Television Ordinance No. 8573 and any amendments thereto and hereby agrees to be fully
bound by all of its terms and provisions hereafter.
CoxCom, Inc.
SECTION 3. A Transfer of Franchise in substantially the same form as is attached hereto
as Exhibit A shall be provided to the substituted franchise holder upon receipt of the written
acceptance of the franchise.
SECTION 4. Should any section, paragraph, sentence, clause, phrase, or word of this
Resolution be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
Passed by the City Council this 27tiday of March , 1997.
WINDY SITTMAYOR
ATTEST:
Kayt�`il�VDarnell, City Secretary
APPOrD AS TO CONTE T:
Debra B. Forte', First Assistant
City Manager
APPROVED AS TO FORM:
Donald G. Va
City Attorney
da:ddres/ccdocs/coxtrans.res
February 20, 1997
2
Resolution No. 5449
Item #17
blarch 27, 1997
Pursuant to Resolution No. 5449 of the City of Lubbock, Texas, enacted on
March 97, 1997 , 1997, the City Council of the City of Lubbock hereby
authorizes the assignment of the franchise, right and privilege granted in Ordinance No.
8573 to Transvideo Corporation, a subsidiary of Cox Communications, Inc., to CoxCom,
Inc., a subsidiary of Cox Communications, Inc., and each reference in said Ordinance to
the Franchise Holder shall as of the date of this Transfer of Franchise be deemed a
reference to CoxCom, Inc. Ordinance no 8573 remains in full force and effect and this
transfer is expressly made subordinate to the terms and conditions of said Franchise
Ordinance and a copy of this Transfer of Franchise shall be filed with said Ordinance in
the official records of the City of Lubbock.
Mxnev I M/
r s •
ATTEST:
"kyux-4
Kaythi arnell, City Secretary
da:ddres/ccdocs/coxtran2. doc
February 20, 1997