An ordinance consenting to the transfer of the cable television franchise in the Town of Deer Trail from Galaxy Telecom to Galaxy American Communications, LLC.
Whereas, by Ordinance No. 167, the Town of Deer Trail granted to C & C Cable Company the authority to operate a cable television system within the boundaries of the Town; and
Whereas, by Ordinance No. 170, the Town approved the transfer of this authority from C & C Cable Company to Tel events Group, Inc.; and
Whereas, by Ordinance No. 172, the Town approved the transfer of the cable television franchise from Tel events Group, Inc. to Vantage Cable Associates, Inc.; and
Whereas, by action dated December 15, 1994, the Town consented to the further assignment of the cable television franchise from Vantage Cable Associates, Inc. to Galaxy Telecom, Inc. ("Galaxy"); and
Whereas, Galaxy has requested that the city approve the proposed transfer and assignment of the Franchise Ordinance by Galaxy-to-Galaxy American Communications LLC. ("Galaxy American"); and
Whereas, the Town has reviewed the status of the franchise, and has received information from Galaxy and Galaxy American concerning the technical, legal and financial ability of Galaxy American to comply with the franchise; and
Whereas, based upon the information and representations made to the Town by Galaxy and Galaxy American, upon which the Town is relying, the Town is prepared to approve the transfer of the franchise from Galaxy to Galaxy American, pursuant to the conditions described herein.
Now, therefore, be it ordained by the Town of Deer Trail.
Section 1. Transfer of Franchise Ordinance.
Pursuant to the Franchise Ordinance, consent and approval is hereby granted by the Town for the transfer and assignment of the Franchise Ordinance by Galaxy to Galaxy American. The Mayor of the Town is hereby authorized to execute the Consent to Assignment attached hereto as Annex 1. Patti K. Owens, Town Clerk
Section 2. Ordinance Affirmed.
All terms and provisions of the Franchise Ordinance shall continue in full force and effect and all prior transfers of franchise are hereby ratified. By passage of this Ordinance, the Town makes no representations concerning whether any violations or non-compliance issues exist with respect to the Franchise. Nothing in this Ordinance shall be construed by Galaxy or Galaxy American as precluding the Town from addressing any prior acts of non-compliance by Galaxy, pursuant to the terms of the Franchise. As set forth in the Consent to Assignment, the City consents to the grant by Galaxy American of a security interest in the Franchise Ordinance to its lenders to secure indebtedness or other obligations incurred by Galaxy American with respect to the cable television system to be operated by Galaxy American
pursuant to the Franchise Ordinance.
Section 3. Effective Date.
The transfer of the Franchise Ordinance shall be effective upon the closing of the sale by Galaxy to Galaxy American of the cable television facilities serving the Town, and upon the granting of all approvals required under federal law. Galaxy American shall notify the Town of the transfer of the Franchise Ordinance within thirty (30) days of such closing and provide therewith a copy of the Assignment and Assumption of Franchise by which the Franchise Ordinance was transferred and assigned by Galaxy to Galaxy American.
Section 4. Inconsistency.
In the event any of the terms and provisions of any other ordinance or regulation of the Town are inconsistent with the terms and provisions of this Ordinance, the terms and provisions of this Ordinance shall govern and control.
Section 5. Publication.
The Town Clerk is hereby directed to publish this Ordinance in an official newspaper in the Town and to comply otherwise with all applicable notice requirements of law.
Read, passed, and adopted this 15th day of February 2001.
Teresa Bradford, Bradford, Mayor
Attest: Patti K. Owens, Town Clerk