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HomeMy WebLinkAbout11914 ORD - 02/13/1974.7RR:[!G: jkh:cd:2- 12- 74:lst 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, NOid HELD BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC, (ORDINANCE NO. 11339) FROM ATHENA CABLEVISION OF CORPUS CHRISTI, INC. TO CABLE - VISION CORPORATION 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 PROPOSED TRANSFEREES; FINDING THAT THE PROPOSED TRANSFER HAS COMPLIED WITH THE TERMS OF TIE AFORESAID ORDINANCE NO. 9470; AND DECLARING AN EMERGENCY. WHEREAS, Athena Cablevision of Carpus Christi, Inc. (hereinafter referred to as "Athena ")is the present holder 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 Athena contemplates in the immediate future making an offer to sell its interest 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 Athena by Cablevision Corporation of Corpus Christi, Inc. is accepted by Athena, all of the interest of Athena in and to the said franchise and the cable television system in Corpus Christi will be by it transferred to Cablevision Corporation of Corpus Christi, Inc. 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, Inc. to Cablevision Corporation 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 11914 • • SRR:1+R4:vp:2 /14/74 :2d .. wherein the ownership of Athena Cablevision of Corpus Christi, Inc. is trans- ferred to Cablevision Corporation of Corpus Christi, Inc., if such transfer of ownership is accomplished within the time set in Section 2 hereof. SECTION 2. That the said City of Corpus Christi does hereby, as required by said Ordinance No. 9470 and Section 16 thereof, TRANSFER OF FRAN- CHISE, authorize, approve and consent to the transfer of the said cable tele- vision franchise granted by such ordinance from Athena Cablevision of Corpus Christi, Inc. to Cablevision Corporation of Corpus Christi, Inc.; such authori- zation, to be effective from the effective date of this ordinance until the said transfers are accomplished, but 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. 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 Ordi- nance 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 concerning its financial condition and responsibility aand 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 purposes 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 reo_uiring the suspension of the Charter rule that no ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and -2- •� JRR:MM:vp:2 /l3/74:2d necessity 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 , 1974. ATTEST Pity Secret MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: �j / DAY OF aZu,,,: l / �`/ City Attorney Corpus Christi, Texas day of 197 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; I, 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez I Gabe Lozano, Sr. f J. Howard Stark The above ordinance was passed by the following vote: Jason Luby ✓// James T. Acuff ! Rev. Harold T. Branch Thomas V. Gonzales 1 Ricardo Gonzalez Gabe Lozano, Sr. d J. Howard Stark '(