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 St. Martin Parish
 Code of Ordinances
 Appendix B. FRANCHISES
 Article III. CABLE TV

  § 47. Cox Communications Louisiana, LLC.  

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  • RESOLUTION NO. 03-145-RS

    A resolution of St. Martin Parish, Louisiana, consenting to the transfer and assignment of the cable franchise from telecable associates, L.L.C. to Cox Communications Louisiana, L.L.C.

    Whereas, Telecable Associates, L.L.C., d/b/a Cox Communications ("Franchisee") owns, operates, and maintains a cable system (the "System") in St. Martin Parish, Louisiana ("Franchising Authority") pursuant to a cable franchise (the "Franchise") issued by the Franchising Authority, and Franchisee is the duly authorized holder of the Franchise; and

    Whereas, pursuant to a series of transactions among Franchisee and affiliated entities of Franchisee (the "Transactions"), Cox Communications Louisiana L.L.C. ("Cox") will acquire the assets of Franchisee used in the operation System, including the Franchise; and

    Whereas, Franchisee and Cox have filed an FCC Form 394 with the Franchising Authority.

    Now, therefore, be it resolved by the St. Martin Parish Council as follows:

    Section 1.

    The Franchising Authority, in accordance with the terms of the Franchise, hereby consents to and approves the Transactions and the resulting transfer and assignment of the System, including the Franchise and all rights thereunder, from Franchisee to Cox.

    Section 2.

    The Franchising Authority confirms that (a) the Franchise was properly granted or transferred to Franchisee and is in full force and effect, and (b) Franchisee is materially in compliance with the provisions of the Franchise and there exists no fact or circumstance known to the Franchising Authority which constitutes or which, with the passage of time or the giving of notice or both, would constitute a material default or breach under the Franchise or would allow the Franchising Authority to cancel or terminate the rights thereunder.

    Section 3.

    The Franchising Authority hereby consents to any subsequent transfer of the Franchise or control related thereto to any entity controlling, controlled by, or under common control with Cox.

    Section 4.

    The Franchising Authority hereby consents to and approves the assignment, mortgage, pledge, or other encumbrance, if any, of the Franchise and the System as collateral for a loan.

    Section 5.

    This Resolution shall be deemed effective upon the closing date of the Transactions.

    Section 6.

    This Resolution shall have the force of a continuing agreement with the Franchisee and Cox, and the Franchising Authority shall not revoke, amend, or otherwise alter this Resolution without the consent of Franchisee and Cox.

    And the Resolution was declared adopted this 7th day of October, 2003.

(Res. No. 03-145-RS, 10-7-2003)