HomeMy WebLinkAboutC2008-416 - 10/3/2008 - NAACCEPTANCE RELATING TO TRANSFER OF A FRANCHISE FOR A CABLE
TELEVISION SYSTEM IN THE CITY OF CORPUS CHRISTI, TEXAS
WHEREAS, the City of Corpus Christi, Texas ("City") by action of its governing
body on June 25, 2002, adopted an Ordinance No. 024928 granting a franchise to
Texas Cable Partners, L.P.;
WHEREAS, in 2004, Texas Cable Partners, L.P. changed its name to Texas and
Kansas City Cable Partners, L.P. ;
WHEREAS, in 2006 Texas and Kansas City Cable Partners("TKCCP")
transferred the franchise to Time Warner Entertainment-Advance/Newhouse
Partnership (TWEAN"), which was under common control with TKCCP since both were
controlled by Time Warner Cable Inc. ("Time Warner Cable")';
WHEREAS, Sec 14.1 A. of the Master Cable Services Regulatory Ordinance
states in part that consent shall not be required for "a pro forma transfer to a
corporation, partnership, or other entity controlling, controlled by, or under common
control with a Grantee;
NOW, THEREFORE, Time Warner Cable and TWEAN("Franchisee") make the
following representations and warranties to the City:
1. Time Warner Cable is a corporation duly organized, validly existing, and in
good standing under the laws of the State of Delaware, and both Time
Warner Cable and the Franchisee have full power, authority, and legal
capacity to execute, deliver, and perform this Acceptance for Franchisee
to perform the terms and conditions of the Franchise. Franchisee is
authorized to do business in Texas.
2. For Time Warner Cable and Franchisee, all actions necessary to authorize
the execution and delivery of this Acceptance, and for Franchisee
becoming a signatory of the Franchise, and the performance of the
Franchise, have been duly authorized by all necessary and required
proceedings of both entities.
3. Time Warner Cable and Franchisee acknowledge that City has furnished
copies of the existing Franchise, and the City's Master Cable Services
Regulatory Ordinance. Further, Time Warner Cable and Franchisee
materials and documents. Time Warner Cable and Franchisee have
carefully read the terms and conditions of the Franchise, and the Master
Cable Services Regulatory Ordinance of the City, and Franchisee accepts
the rights, duties, and obligations created thereunder, subject to its rights
under applicable state and federal law and without waiving any rights Time
Warner Cable or Franchisee may have.
2008-416
10/03/08
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Time Warner Cable
4. Time Warner Cable represents that it has the legal, technical, and financial
qualifications to fully and timely ensure that Franchisee performs all
obligations of the Franchise.
5. For notification purposes, notices from the City to the Franchisee should be
mailed to:
Time Warner Cable Southwest
Division President
300 Parker Square, Suite 210
Flower Mound, TX 75028
With a copy to:
Time Warner Cable
290 Harbor Drive
Stamford, CT 06902
Attention: Law Department
Dated: October 3 , 2008 TIMER CABL INC.
tc t
By
Its SVP & Deputy General Counsel
STATE OF ~nnnecticut )
SS. Stamford
COUNTY OF Fairfield )
The foregoing instrument was subscribed and sworn to before me this 3ra day
Of Oct L ~~~~~ ~~"r"~p,~008, by David A. Christman ,the sVP & Deputy General Counsel
of Timms • a~~_ ~'~c•
NOTARY
-•~
Notary Public
Dated: o°j'b~i ""~~ , 2008 TIME WARNER ENTERTAINMENT-
ADVANCE/NEWHOUSE PARTNERSHIP.
by TWE-A-A N Ho cor (.~ anaging ar ner~
ItS c.rn ~, nac; cram retarv
STATE OF onn icut )
SS. Stamford
2
COUNTY OF a; f; ~ d
The foregoing instrument was subscribed and sworn to before me this 3ra day
of flrtnhar ,2008, by nav;d A. Christman ,the SVP & Assistant Secretary
of Time W~~~M'~fit,~~tainment-Advance/Newhouse Partnership.
~J` a,~GOm~js~/ ~~' ~I'iIC/1//l//Wn~l
SEAL' ~~NOra~Y~••.":
3 `•; ,~ Notary Public
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3