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Home My WebLink About11339 ORD - 03/07/1973JRR:HG:jkh:3- 6- 73:4th • t AN ORDINANCE AUTHORIZING AND CONSENTING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE GRANTED TO CASTEL CORPO- RATION AND CABLECOM- GENERAL, INC. BY ORDINANCE NO. 9470, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 27, 1969, TO CASTEL CORPORATION, WHEN, AS AND IF ACCOMPLISHED, AND CONSENTING TO THE FURTHER TRANSFER OF SAID CABLE TELEVISION FRANCHISE FROM CASTEL CORPORATION TO ATHENA CABLEVISION CORPORA- TION AND THENCE TO ATHENA CABLEVISION OF CORPUS CHRISTI, INC. WHEN, AS AND IF ACCOMPLISHED; ALL AS AUTHORIZED BY SECTION 16 OF SAID ORDINANCE NO. 9470; PROVIDING THAT SAID CONSENTS ARE EFFECTIVE FROM THE EFFECTIVE DATE OF THIS ORDINANCE UNTIL THE TRANSFERS , ARE ACCOMPLISHED BUT, IN NO EVENT, TO EXCEED 180 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; APPROVING THE FINANCIAL RESPONSIBILITY OF THE PRO - POSED.TRANSFEREES; FINDING THAT THE PROPOSED TRANSFER HAS COMPLIED WITH THE TERMS OF THE AFORESAID ORDI- NANCE NO. 9470; AND DECLARING AN EMERGENCY. WHEREAS, Castel Corporation and Cablecom - General, Inc. (hereinafter referred to as 'Castel" and "Cablecom ", respectively) are the present holders of the cable television franchise granted by the City of Corpus Christi, Texas, under Ordinance No. 9470 for the construction and operation of a cable television system in Corpus Christi, Texas; and WHEREAS, it has been brought to the attention of the City Council that Castel contemplates in the immediate future making an offer under the terms of an existing buy -and -sell agreement between Castel and Cablecom to purchase the interest of Cablecom in the said television franchise and cable television system in and for the City of Corpus Christi; and WHEREAS, the City Council has been further advised that in the event that the offer to purchase the interest of Cablecom by Castel is accepted by Cablecom, all of the interest of Cablecom in and to the said franchise and the cable television system in Corpus Christi will be by it transferred to Castel; and WHEREAS, the City Council is further advised that upon the said consummation of transfer from Cablecom to Castel, Castel will be merged into Athena Cablevision Corporation, and the said franchises and cable television system will be transferred to said Athena Cablevision Corporation; and WHEREAS, the City Council has further been advised that immediately thereafter Athena Cablevision Corporation will promptly have transferred over said cable television franchises to Athena Cablevision of Corpus Christi, Inc., a wholly owned subsidiary Athena Cablevision Corporation; and 11339 JRR:vp:3- 6- 73:5th WHEREAS, under the terms of said Ordinance No. 9470 and Sections 16 and 17 thereof, the authorization, approval and consent of the City Council of the City of Corpus Christi, Texas is necessary to the transfer of the franchise or any interest therein from Cablecom and Castel to Castel, and the transfer of the franchise from Castel to Athena Cablevision Corporation, and the transfer of such franchise to Athena Cablevision of Corpus Christi, Inc NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the said City of Corpus Christi does hereby, as required by said Ordinance No. 9470 and Section 17 thereof, CHANGE OF CONTROL OF GRANTEE, authorize, approve and consent to the change of ownership when, as and if accomplished within the time hereafter set and in compliance with the terms of this ordinance of the said cable television franchise operating company, wherein the ownership of Cablecom- Castel is transferred to Castel, Castel is transferred to Athena Cablevision Corporation, and Athena Cablevision Corporation is transferred to Athena Cablevision of Corpus Christi, Inc. SECTION 2. That the said City of Corpus Christi does hereby, as required by said Ordinance ro. 9470 and Section 16 thereof, TRANSFER OF FRANCHISE, authorize, approve and consent to the transfer of the said cable television franchise granted by such ordinance, when, as and if accom- plished within the time herein set and in compliance with the terms of this ordinance from Cablecom and Castel to Castel, the transfer of said cable television franchise from Castel to Athena Cablevision Corporation, and the transfer of said cable television franchise from Athena Cablevision Corporation to Athena Cablevision of Corpus Christi, Inc.; <sucYlauthorization, approval." nsents to be effective from the effective date of this ordinance until the said transfers are accomplished, in no event, however, to exceed a time from 180 days from the effective date of this ordinance, at which time such authorization, approval and consents of transfer shall lapse if the transfers contemplated herein are not accomplished. -2- JRR:HG:jkh:vp:3- 6- 73:5th • SECTION 3. That the authorization, approval and consent granted by the City Council to the cable television franchise transfer described herein is conditioned upon the new owners - applicants (transferees) submitting liability insurance and a surety bond, in accordance with the terms of Ordinance No. 9470, for approval by the City Attorney and Director of Finance prior to the consummation of said franchise transfer. There has been presented to the City Council by the proposed trans- feree of the Cable Television Franchise information and statements concern- ing its financial condition and responsibility and the Council has examined the same and has found and does hereby find the same to be satisfactory and in compliance with the requirements of said Ordinance No. 9470 for all pur- poses thereunder and the Council has further found and does hereby find that the proposed transferee has agreed to comply with all the provisions of said Ordinance No. 9470 as required by Section 16 of the said ordinance. SECTION 4. The necessity for the City Council to approve the above transfers at the earliest possible date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ` day of March, 1973. ATTEST: ` / c City Sec et y ` c2oil Pro Lum THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF MARCH, 1973: City Attokley `' CORPUS CHRISTI, (TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR ,,RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 11 THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, OR Pro•Tem THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDEOt BY THE FOLLOWING V_�OTE:: RONNIE SIZEMORE /L • CHARLES A. BONNIWELL •- ROBERTO BOSQUEZ, N.D. REV. HAROLD T. BRANCH .---Z • THOMAS V. GONZA LES - GAGE LO2ANO, SR. ' J. HOWARD STARK U - THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZE MORE CHARLES A. BONNIWELL • ROBERTO BOSQUE 2, M.D. Q!�- 'REV. HAROLD T. BRANCH 2 _ THOMAS V. V.. GONZALES (�',"•"(L•�1,C:. GABE LOZANO, SR. ^�U J. HOWARD STARK ATHENA CADI.EVISION CORPORATION Io GLOVER AvI:NUK + R 0. Dox 2127 NORWALK, CONNECTICUT 00052 (eoa)o o -ooaa ' May 4, 1973 City Council" Corpus Christi Texas Gentlemen: Pursuant to Section 78.15 of the Rules and Regulations of the Federal Communications Commission, the undersigned hereby gives notice of an application for assignment of the construction permit for Station IVJT43 in the Cable Television Relay Service from Cablecom General, Inc. to Athena Cablevision Corp. of Corpus Christi, Inc. This facility will be used for local distribution service of television signals to the applicant's cable television system in Corpus Christi, Texas. Athena Cablevision is acquiring the cable television system which serves Corpus Christi, Texas.. Its mailing address is: Athena Cablevision Corp. of Corpus Christi, Texas, Inc. P.O. Drawer E, 424 N. Chaparrel Corpus Christi, Texas 78407 On July 19, 1972, the Federal Communications Commission issued a Certificate of Compliance (CAC -58) which authorizes carriage of the following signals on the Corpus Christi system: Station Channel Location KIII 3 Corpus Christi, Texas KRIS -TV 6 Corpus Christi, Texas KZTV 10 Corpus Christi, Texas KLRN -TV 9 San Antonio, Texas Kva -TV 41 San Antonio, Texas WHTV 39 Houston, Texas Athena Cablevision Corp. of Corpus Christi, Inc. By � ATITENA CADLEVISION CORPORATION IO GLOVER AVENUE ♦ P. G. BOX 2127 NORWALK, CONNECTICUT 08852, (208,948 -0580 May 4, 1973 City Council Corpus Christi, Texas Gentlemen: Pursuant to Section 78.15 of the Rules and Regulations of the Federal Communications Commission, the undersigned hereby gives notice of amendments to pending applications in the Cable Television Relay Service (File Nos. CPCAR -315; CPCar -316; CPCAR -317; and CPCAR -318) which propose to deliver the signal near of KHTV, Channel 39, Houston, Texas, from a point Port Lavaca Texas to a cable television system in Corpus Christi, Texas. The amendments reflect a change of applicant from Cablecom- General, Inc. to Athena Cablevision Corp. of Corpus Christi, Inc. All other statements and exhibits in the above - referenced applications re- main unchanged. Athena Cablevision is acquiring the cable television system which serves Corpus Christi, Texas. Its mailing address is: Athena Cablevision Corp. of Corpus Christi, Inc. P.O. Drawer E 424 N. Chaparrel Corpus Christi, Texas 78407 on July 19, 1972, the Federal Communications Commission issued a Certificate of Compliance (CAC -58) which authorizes carriage of the following signals on the Corpus Christi system: 13 i I Page 2 station Channel Location KIII KRIS -TV KZTV KLRN -TV MVEX -TV WHIV 3 6 to 9 41 39 Corpus Christi, Texas Corpus Christi, Texas Corpus Christi, Texas San Antonio, Texas San Antonio, Texas Houston, Texas Athena Cablevision Corp. of Corpus Christi, Inc- By