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HomeMy WebLinkAbout12239 ORD - 08/28/1974• JRR:JB:hb:8 /13/74:lst • AN ORDINANCE AUTHORIZING AND CONSENTING TO THE TRANSFER OF THE COMMUNITY ANTENNA TELEVISION FRANCHISE AND TO THE TRANSFER OF 014NERSHIP BY THE COMMUNITY ANTENNA TELEVISION SYSTEM FROM ATHENA CABLEVISION OF CORPUS CHRISTI, INC. TO CABLEVISION OF CORPUS CHRISTI, INC., WHEN, AS AND IF ACCOMPLISHED; PROVIDING THAT SAID CON- SENTS ARE TO BE EFFECTIVE UNTIL THE TRANSFERS ARE ACCOMPLISHED BUT IN NO EVENT TO BE EFFEC- TIVE IN EXCESS OF ONE HUNDRED AND EIGHTY (180) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; APPROVING THE FINANCIAL RESPONSIBILITY OF THE PROPOSED TRANSFEREE; FINDING THAT THE PRO- POSED TRANSFER HAS COMPLIED WITH THE TERMS OF ORDINANCE NO. 9470; PROVIDING THAT THE CONSENTS THEREBY GRANTED SHALL NOT BE AUTOMATICALLY OR IMPLIEDLY TERMINATED BY ANY REQUEST FOR OR GRANTING OF A FRANCHISE RENEWAL WITHIN SAID ONE HUNDRED AND EIGHTY (180) DAY PERIOD; '.AND PRO- VIDING FOR PUBLICATION. WHEREAS, Athena Cablevision of Corpus Christi, Inc. (herein- after referred to as Athena) is the present holder of the cable tele- vision franchise granted by the City of Corpus Christi, Texas, under Ordinance No. 9470 for the construction and operation of a cable tele- vision system in Corpus Christi, Texas; and WHEREAS, the City Council, by Ordinance No. 11914, authorized, approved, and consented to a change of ownership of the system and franchise, and allowed one hundred and'eighty (180) days in which to effectuate the transfer of ownership, which period has now expired; and WHERE", Athena and the proposed transferee have requested that another period of one hundred and eighty (180) days be allowed by the City Council to effectuate the transfer of ownership; 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 wherein the ownership of Athena Cablevision of Corpus Christi, Inc. is transferred to Cablevision Corporation of Corpus Christi, Inc., if such transfer of ownership is accomplished within the time set in 12239 • a 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 FRANCHISE, authorize, approve and consent to the transfer of the said cable television franchise granted by such ordinance from Athena Cable - vision of Corpus Christi, Inc. to Cablevision Corporation of Corpus Christi, Inc.; such authorization to be effective from the effective date of this ordinance until the said transfers are accomplished, but in no event, effective for more than one hundred and eighty (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 (trans- ferees) 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 transferee of the Cable Television Franchise information and statements concerning 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 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 approval, consent and authorization contained herein shall not be deemed automatically or impliedly terminated within the time allowed for transfer by Sections 1 and 2,herein, by any appli- cation for or granting of a renewal of Athena's franchise, originally granted by Ordinance No. 9470; the approval and the time allowed for -2- transfer by Sections 1 and 2,herein, shall continue uninterrupted unless earlier expressly terminated by an ordinance of the City Council. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the caption of this ordinance, stating in substance the purpose of the ordinance. • • That the foregoing ordinance wa read for t first time n passed to its second reading on this the , day of 19 by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinanc�2.read foY t e second time passed to its third reading on this the __day of 19_4Z, by the following vote: Jason Luby James T. Acuff _ Rev. Harold T. Thomas V. Gonza Ricardo Gonzale Gabe Lozano, Sr J. Howard Stark • That the for ordinanc was read foal the third time and passed finally on this the day of 19�, by the following vote: Jason Why James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the da of '1970 ATTEST: C ty Secretary APPROVED: /!-' DAY OF 2_41a i , 19zZ: City Attorney MA R � CITY OF CORPUS WSTI, TEXAS PUBLISHER'S AFFIDAVIT IATE OF TERAS. County of Nueees. Before me, the undersigned, a Notary Public, this day personally came - •••• ----- Ry Bak@ -•• - — who being first duly sworn, according to law, says that he .is the of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Le �a1...Ordinance�• 1229... _—... ....__�..-- ...-- •_._.— .._. --_-- of whih the annexed is a true copy, was published in ....—._.—...._.....---•--•-------- on the.-18 . day of_..._At7gust-- _._.. -_ 19-74— and once each..._YAPI'l-. ._thereafter for-- 2••-•— waeke nay -.n, »st 23,30, 1974 consecutive.. •►- -- ��/l�// 2 ?". Baker. Chase. Ad. Manager -...-day o -.... _...... ....__ Subscribed and and sworn to before me this...__.. y Louise Vick - try Pablia NueceB County�Texas Ma Cotrfe 7elevinl0o Frm�chLSe 1 rtmflM and s}ctemenh rsrafnl IM , _ nwMhim� m�y��Nnw� mn raspemie�nH- ro�rnah�e wwr Inn am ona vRth me rmu rens b of mltl am�mnw No. 94 plmoosesMeTnmaer antl fie fanctl ta: ".tn� rwrd „aa cen n�'eev flrd Mat MK praoo<ea I'; 71) a hm ol»'�J io :, pmyf f--� I - I Ame Aye �ypy� :,ISM ®T. ACUR Abmnt ANe NsrgOT. Braitll - Ayyee 'YUwdo6a�ala AYe J Mar�51� �pye =A A i41/ VED, this the Z= ATTEST: -