O-85-2208 - 11/26/1985ORDINANCE NO. 2208
AN ORDINANCE APPROVING AND GRANTING CONSENT TO THE
ASSIGNMENT AND TRANSFER OF THE ASSETS OF STOKES CABLE
COMPANY, INC., THE OWNER AND HOLDER OF THE CABLE TELE-
VISION FRANCHISE ORIGINALLY GRANTED TO SAID STOKES CABLE
COMPANY, INC. BY ORDINANCE NO. 501, PASSED AND ADOPTED
BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, ON
JULY 14, 1977, AS AMENDED BY ORDINANCE NOS. 532 AND 533,
BOTH PASSED AND ADOPTED ON MARCH 30, 1978, INCLUDING SAID
FRANCHISE, AS AMENDED, TO SOUTHWEST CABLEVISION, LTD.;
APPROVING AND GRANTING CONSENT TO THE SALE AND TRANSFER
OF SAID CABLE TELEVISION FRANCHISE AND OTHER PROPERTIES
AND ASSETS OF STOKES CABLE COMPANY, INC. IN THE EVENT
OF A FORECLOSURE PURSUANT TO A MORTGAGE OR DEED OF
TRUST; RATIFYING SAID CABLE TELEVISION FRANCHISE; AND
CONTAINING CERTAIN OTHER PROVISIONS.
WHEREAS, by Ordinance No. 501 passed and adopted on July
14, 1977, the City of Round Rock granted Stokes Cable Company,
Inc. (hereinafter "Stokes"), its successors and assigns, a fran-
chise or permit to build, construct, operate and maintain a cable
television system in the streets, alleys and public places of
the City of Round Rock (said franchise or permit is hereinafter
called the "Cable Television Franchise"); and
WHEREAS, said Cable Television Franchise has been amended
by Ordinance Nos. 532 and 533, both passed and adopted on March
30, 1978; and
WHEREAS, all of the issued and outstanding capital stock
of Stokes was transferred to Daniels Cablevision, Inc. pursuant
to the authority granted in Ordinance No. 532; and
WHEREAS, said stock has been transferred to Bill Daniels
personally, as permitted by Section 14 of the Cable Television
Franchise; and
WHEREAS, Stokes proposes to transfer all of its assets, in-
cluding the Cable Television Franchise, as amended, to Southwest
Cablevision, Ltd. (hereinafter "Southwest"); and
WHEREAS, to provide for future borrowing or financing by
Southwest, including to accomodate and facilitate the continued
construction and operation of the cable television system pursuant
to the Cable Television Franchise, Southwest may have direct lia-
bility by mortgaging or otherwise encumbering all or part of such
property and assets, including the Cable Television Franchise;
and
WHEREAS, request has now been made that the transfer and
acquisition of the assets of Stokes by Southwest referred to above
be evidenced by an Ordinance approving same and that said ordi-
nance include a grant of approval and consent to the mortgaging
and pledging of such assets, a grant of approval and consent to
the sale and transfer of said assets in the event of a foreclosure
pursuant to any such mortgage or pledge, a grant of approval and
consent to the sale and transfer as aforesaid of .the assets, in-
cluding the Cable Television Franchise, of Stokes in the event
of a foreclosure pursuant to any other mortgage, deed of trust
or pledge agreement or instrument, a ratification of the Cable
Television Franchise, and an extension of the term provided in
Section II of the Cable Television Franchise; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
Section 1. That the City Council hereby approves and consents
to the transfer and assignment of all of the assets of Stokes,
including the Cable Television Franchise, as amended, to Southwest.
Section 2. That the City Council hereby approves and consents
to the mortgaging or pledging of all of such assets by Southwest
under or pursuant to a pledge or security agreement(s) or instru-
ment(s) .
Section 3. That in the event of any foreclosure pursuant
to the mortgaging or pledging of such assets of Southwest or of
any foreclosure pursuant to any mortgages, deeds of trust, pledges
or security instruments or agreements with respect to any of such
assets, including, but not limited to, the Cable Television Fran-
chise, as amended, of Southwest, the City Council hereby approves
and consents to the sale and transfer of such property and assets
of Southwest, including the Cable Television Franchise, as amended,
to any purchaser or purchasers at any foreclosure sale, (including,
but not limited to any trustee, co-trustee or separate trustee
appointed pursuant to any mortgage or deed of trust or trust agree-
ment or pledge or security agreements referred to above and any
holder or holders of any note or notes given by reason of or in
connection with the aforementioned transfer and assignment or
borrowing and financing) and the operation of the cable television
system pursuant to and in accordance with the Cable Television
Franchise, as amended, by the purchaser or purchasers thereof
at any foreclosure sale, provided that, prior to the time that
such purchaser or purchasers commence such operation, it or they
have filed any agreement with the City Secretary of the City of
Round Rock to comply with the terms and provisions of the Cable
Television Franchise, as amended, and rules and regulations of
the City of Round Rock pertaining thereto.
Section 4. That franchise Ordinance No. 501 was duly and
legally accepted by the grantee as provided by Section 17 of Ordi-
nance, and that franchise Ordinance No. 501 and the acceptance
by grantee thereof is hereby validated, ratified and confirmed.
Section 5. That Ordinances No. 532 and 533, amending Fran-
chise Ordinance No. 501, were legally adopted by the City Council.
Section 6. That the franchise term provided for in Section
11 of the Cable Television Franchise be extended for an additional
five (5) years, so that said franchise term shall now be for a
period of twenty (20) years from and after acceptance by grantee
of the Cable Television Franchise.
(Mark through the following alternative that is not applicable)
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for reading
this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 19
Alternative 2.
READ and APPROVED on first reading this the /11" -day of
fleve4444.) , 195.
READ, APPROVED and ADOPTED on second reading this the
day of ?J1J
ATTEST:
, 19F.5.
1_0
MIKE ROBINSON, Mayor
City of Round Rock, Texas