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HomeMy WebLinkAboutResolution - 121472F - Pole Attachment Agreement - Cox Cable Communication Inc - 12_14_1972/Z/417Z - KJ:pr RESOLUTION WHEREAS, Cox Cable Communications, Inc., doing business in Lubbock, Texas, as Lubbock Cable TV, by assignment is the Grantee of the right, privilege and franchise to osm, operate and maintain a�iltity wide cable distribution system as set forth in Ordinance No. 4627 of the Ctty116f (Lubbock; and WHEREAS, Cox Carte Communications, Inc., is in the process of a consol- idation and reorganization proceeding and desires to transfer said franchise and the "Pole Attachment Agreement" in connection erewith, to a subsidiary corpora- tion titled Trans Video corporation; NOWT EIFORE: BE IT RESOLVED BY THE CITY COUNCIL OF'THE CITY OF LUBBOCK: THAT approval is hereby given to transfer', the franchise as set forth in Ordinance No. 4627 and the Pole Attachment �.greement, from Cox Cable Communi- cations, Inc. to Trans Video Corpmation doingjbi siness in Lubbock, Texas as Lubbock Cable TV provided that Trans Video �bo ration shall, within thirty t20i days ,from the passage of this Resolution, file �rj�the City Secretary of the City of Lubbock a written statement signed to its naand behalf by an officer of the company duly authorized by its Board of Dire' i6r1 s in the following form: "The Honorable Mayor and the City Council of the City of Lubbock: "Trans Video Corporation, doing business in Lubbock, Texas, as Lubbock Cable TV for itself, its successors and assigns hereby accepts the approved transfer executed by the City Council and shown by the attached Resolution and such company hereby agrees ;* bound by all the terms and provisions pet forth in Ordinance No. 4627 of the City of Lubbock, Texas. TRANS VIDEO CORPORATION BY rs Passed by the City Council this 14 fdav got ..,.�I)ECEMSERr_________• 1$72. ATTEST: , MORRIS W. TURNER, MAYOR Laventa Lowe, City Secreta Treasurer AP OVED�AS TO FORM: red O. Seater.;, Jr.. City At rnev : . ASSIGNMENT AGREEMENT FOR TRANSFER OF �MMUHITY ANTENNA POLE ATTACHMENT AGREEMENT WI'iTNESSETH THAT: WHEREAS. the City of Lubbock, Texas, Licensor, entered into a Community Antenna Pole Attachment. Agreement dated ,February 25, L965 with Lubbock Television Cable Company. Inc.. Licensee, and under which, Licensee is attachtag its equlpmentjto Licensor's poles for the purpose of furnishing commucity antenna television service to the City of Lubbock; WHEREAS, Cox Cable Communications, Inc., Prevent Licensee by transfer and assignment, desires to transfer and assign its rights, and obligations under said agreement to' Trans Video Corporation, doing business in Lubbock, Texas as Lubbock Cable TV, Assignee, and Assignee is willing to assume the obligations thereof and be bound thereo; WHEREAS, Assignee states that it is authorised by proper aruthority. to maintain its equipment within the' public .streets, highways, alleys and other thoroughfares and rights -of -way ,on which Licensor'ss poles may be located in said City; WHEREAS, Assignee has agreed to comply with the insurance and bonding requirements of said agreement and has furnished to Licensor evidence of such compliance. NOW, THEREFORE, for aWin consideration of the mutual covenants of the parties hereto and other valuable consideration, it to mutually agreed as follows: 1. Licensee hereby assigns its rights under said agreement to Assignee. 2. Assignee hereby assumes and agrees to perform Licensee's obligations under said agreement to the same extent as though, Assignee wore the original Licensee under said agreement, including. by way of illustration, thl, obligation to pay all past and future rentals, inspection fees and rearrangement costs that are due or may become due, and the obligation to rearrange, on notice to do so by Licensor, any unsafe or uneconomical plant conditions created _byI the original licensee, whether or not previously accepted or acquiesced in by Licensor, S. Assigned agrees that its assumption of Licensee 'a -obligations under said agreement includes Assignee's assumption and agreement to pay all sums due and owing at the time of assignment or which may thereafter, become due and owing* under the terms and provisions of said agreement. It is understood that Licensor does not by consenting to this assignment waive any remedy which It may have arising out of a violation or alleged violation of the terms and provisions of said agreement whether known or unknown to Licensor, its employees, .agents or servants and the times of consent to this assignment. It is further understood that Licensor's consent to this assignment shall not operate to alter or extend the period or periods of time during which said agreement or any pact thereof remains in effect. 4. Licensor consents to this assignment and accepts Assignee as the conbtacting party under said agreement. S. This agreement shall take effect upon execution by all parties hereto. COX CABLE CO UNIC&TIOIvS, INC. Licensee BY ATTEST: DATE Secretary TRANS VIR:PO CORPORATION, Assignee BY ATTEST: DATE Secretary CITY OF LUBBOCK ATTEST: '' • BY :. go ' MORRIS W. TURNER, MAYOR ff/�r Leventa Lowe, City Sec Lary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City/Attorney ASSIGNMENT AGREEMENT FCR TRANSFER OF COMMUNITY ANTENNA POLE ATTACHMENT AGREEMENT WITNESSETH THAT: WHEREAS, the City of Lubbock, ' Texas, Licensor, entered into a Community Antenna Pole Attachment Agreement dated February 25, 1965 with Lubbock Television Cable Company, Inc., Licensee, and under which, Licensee is attaching its equipment to Licensoe's poles for the purpose of furnishing community antenna television service in the City of Lubbock; WHEREAS, Cox Cable Communications, Inc., Present Licensee by transfer and assignment, desires to transfer and assign its rights, and obligations under said agreement,to Trans Video Corporation, doing business in Lubbock, ' Texas as Lubbock Cable TV, Assignee, and Assignee is willing to assume the obligations thereof and be bound thereto; WHEREAS. Assignee states that it is authorized by proper authority to maintain its equipment within the public streets, highways, alleys and other thoroughfares and rights -of -way on which Licensoe's poles may be located in said City; WHEREAS, Assignee has agreed to comply with the insurance and bonding requirements of.said agreement and has furnished to Licensor evidence of such compliance, NOW. THEREFORE, for anlin consideration of the mutual covenants of the parties hereto and other, valuable consideration, it is mutually agreed, as follows: 1. Licensee hereby assigns its rights under said agreement to Assignee. 2. Assignee hereby assumes and agrees to perform Licensee's obligations under said agreement to the same extent as though Assignee Y were the original licensee under said agreement, including, by way of illustration, the: obligation to pay all past and future rentals, inspection fees and rearrangement costs that are due or may become due, and.the- obligation to rearrange, on notice to do so by. Licensor, any unsafe or uneconomical plant conditions created by the original licensee, whether or not previously accepted or acquiesced in by Licensor. 3. Assigned agrees that its assumption of Licensee Is- obligations under said agreement includes Assignee's assumption and agreement to pay all sums due and owing at the time of assignment or which may thereafter become due and owing under the terms and provisions of said agreement. It is understood that Licensor does not by consenting to this t- assignment waive any remedy which it may have arising out of a violation or alleged violation of the terms and provisions of said agreement whether known or unknown - to Licensor, its employees, agents or servants and the times of consent to this assignment. It is further understood that Licenssor's consent to this assignment shall not operate to alter or extend the period or periods of time during which said agreement or any part thereof remains in effect. 4. . Licensor consents to this assignment and accepts Assignee as the eonktacting party under said agreement. S. This agreement .shall take effect upon execution by all parties he re to.