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HomeMy WebLinkAbout020616 ORD - 03/07/1989AN ORDINANCE GRANTING TO TCI CABLEVISION OF TEXAS, INC. AN AMENDMENT TO THE CABLE TELEVISION FRANCHISE GRANTED IN ORDINANCE NO. 16133, TO EXTEND SAID FRANCHISE FOR FIVE YEARS IN CONSIDERATION OF TCI PROVIDING CERTAIN EQUIPMENT, CONTRIBUTIONS AND SERVICES IN SUPPORT OF PROGRAMMING ON THE GOVERNMENTAL ACCESS CHANNEL; PROVIDING PENALTIES FOR VIOLATION; AND PROVIDING FOR PUBLICATION. • WHEREAS, TCI Cablevision of Texas, Inc. (hereinafter "TCI") is the Grantee of that certain franchise (hereinafter "the Franchise") granted to Athena Cablevision of Corpus Christi, Inc. by the City of Corpus Christi, Texas, (hereinafter "City") in Ordinance No. 16133, finally passed by the City Council on March 25, 1981; and WHEREAS, TCI desires to extend the Franchise for an additional five (5) years; and WHEREAS, City desires to have the ability to provide live programming of meetings and activities in City Hall of the City Council and other governmental entities, boards, commissions, and agencies; and WHEREAS, City and TCI desire to amend the Franchise as specified in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the duration of the Franchise is hereby extended for an additional five (5) years beyond the term established by Section 6 of the Franchise, for a total duration of twenty (20) years. SECTION 2. That in consideration of said extension of TCI's rights and privileges under the Franchise, a new subsection VIII of Section 22 is added to the Franchise which shall read as follows: "VIII. Equipment, contributions and services in support of governmental access channel. A. For support and enhancement of the Governmental Channel provided in Subsection III(A)(1) of this Section, Grantee shall provide the following: 207JB112.ord (1) Grantee shall furnish and install, at its sole expense, all equipment (hereinafter, "the Equipment) , inside and outside City Hall, necessary for live televising on the Governmental Channel of all meetings or activities in City Council Chambers desired by City to be televised, MICROFILMED including but not limited to the equipment enumerated on the attached Exhibit A which is incorporated herein by reference. Provided, however, Grantee's obligation hereunder shall not include internal wiring at City Hall, which will be the sole responsibility of City. (2) The Equipment shall be installed within one hundred twenty (120) days of third reading of the ordinance approving this Franchise amendment. (3) The Equipment shall be capable of providing technical quality of programming within the parameters of the equipment contained within Exhibit A. (4) Grantee shall maintain, repair and replace the Equipment throughout the term of the Franchise in a prompt and efficient manner, as necessary to permit uninterrupted live programming. Replaced equipment shall be of a quality equivalent to or better than the original equipment. City employees must use reasonable care when using said equipment, and grantee shall not be responsible for replacing equipment damaged through negligent use. (5) Installation of original equipment will follow the configuration indicated on the attached Exhibit 8, which is incorporated herein by reference. Provided, however, the parties recognize that reasonable modifications may be necessary to such configuration and will be made upon direction of the City Manager or his designee. Subsequent to initial installation, modifications will be agreed upon in advance by both parties. (6) Grantee shall pay annually to City the amount of fifteen thousand dollars ($15,000), for City's use, at its sole discretion, for personnel and other costs related to government access programming. The first such annual payment shall be delivered with Grantee's acceptance of this Franchise Amendment. Thereafter, each such payment shall be delivered to City on or before each January 30th during the term of this Franchise. (7) 207JB112.ord Grantee shall provide all necessary training to City personnel operating the equipment throughout the Franchise term. (8) Grantee shall apply for and obtain as promptly as reasonably possible Federal Communications Commission approval for transmission between City Hall and Grantee's headquarters necessary to accomplish the live programming contemplated in this Franchise Amendment. B. Failure to comply with the provisions in this Subsection VIII shall subject Grantee to the civil penalties provided in Section 25(C)." SECTION 3. That the obligations of TCI set forth in Section 2 hereof are in addition to its obligations existing under the Franchise, and no existing obligation shall be diminished in any way by this ordinance or acceptance thereof. SECTION 4. That this ordinance shall be effective on the sixty-first day following its passage on third reading by the City Council; provided that within thirty (30) days of said sixty-first day the Grantee shall file with the City Secretary its unconditional acceptance of this ordinance and promise to comply with and abide by all its provisions, terms, and conditions. Such acceptance and promise shall be in writing duly executed and sworn to by the appropriate officers of the Grantee before a notary public or other officer authorized by law to administer oaths. SECTION 5. That the City Secretary is directed to publish at Grantee's expense the description of this Franchise Amendment as required by Article IX, Section 3(a) of the City Charter. 207JB112.ord EQUIPMENT EXHIBIT "A" DESCRIPTION UNIT TOTAL 1 Panasonic, Switcher/Mixer $3,500.00 $3,500.00 1 Sony 3/4" Commercial Recorder 2,500.00 -0- 0 2 Panasonic WVD--110MS Camera 902.00 1,804.00 1 Vicon 11-110 MS Lens 930.16 930.16 1 Vicon 1485 Lens Extender 135.52 135.52 1 Vicon Auto Iris Fixed Lens 430.32 430.32 1 Vicon V -100C Lens Control 215.60 215.60 1 Vicon V-1705 Pand Tilt 495.44 495.44 1 Vicon V133APT Pand Tilt Mechanism 241.12 241.12 2 WJ-7030 Wall Mounts 60.72 121.44 8 NEC -PM 971 9" Monitor 435.00 3,480.00 2 NEC -TR 2600 26" Monitors 778.80 1,557.60 2 Lucasy DS -CM Ceiling Mounts 205.04 0 410.08 1 Elmo TVR 35 Slide Video 2,288.00 .o0 2,288.00 1 Elmo 8593 Remote Control 26.35 26.35 2 Pan WF 300B Dist. Amps. 255.00 5 _ lo.00 500' West Pen Cable 117.04 117.04 5 WV-PS10A, Camera Drive Unit 300.00 1,500.00 Miscellaneous: as needed 1,500.00 (bulkeraser, cable, tapes, connectors) TRANSMISSION Microwave Installation - Labor and Materials Microwave 23 GHz System Complete 1,400.00 16,500'.00 19,262 17,900, TOTAL ESTIMATED COST: $37,162, 1 MEDIA AREA 3 n CITY SECRETARY c CITY COUNCIL CHAMBERS 1E36 t n 3 1E04 CITY MANAGER ANTE ROOM That the foregoing ordinance was read for the first time and p to its second reading on this the ,51 day of , 19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordinance as read for th third reading on this the � day of following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss (Lew nk Az -y second time and passed to its Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 19 , by the iLL That the foregoing ordinance was read for Third rd time and passed finally on this the day of1\r/Wleil,19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss PASSED AND APPROVED, this the Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong day of Woild/k 19 n City Secretary � MAYR APPROVED: 30 DAY OF ,�w•,.,w.•y HAL GEORGE, CITY ATTORNEY 0' r Z_ tan C i y Atto 99.044.01 19 SI: THE CITY OF CORPUS CHRISTI, TEXAS 20616 State of Texas, County of Nueces ] ss: PUBLISHFR'S AFFIDAVIT City of Corpus Christi Ad Before me, the undersigned, Deanne D. Palmer, who being she is a Senior Accounti daily newspaper e, generally cir Duval, Hidalgo, Jim Hogg Oak, Nueces, Refuio, San that the publication of of which the anncxed is Christi Caller -Times on day thereafter for zero Time one $ Subscrand swor # fi that Times, a and Stat Anna Garza Notary Public, Nueces My commission cxpires Notary Public, this personally came rst duly sworn, according to law, says no Clerk of the Corpus Christ Caller published at Corpus Christi in said County c�-lated in Aransas, Bee, Brooks, Cameron, "Jim Wells. Karnes, Kenedy, Klebcrg, 1 ive Patricio, Wells, and Webb Counties, and "NOTICE O� PASSAGF OF ORDINANCE NO 20616 true copy, was published in the Corpus day of March 1989, and each consecutive day(s). the 12th Senior Accounting to before me this County, Texas 8.25.92 on ~. E OF PASSAGE ANCE Ne. 20616 TO TCI CABLEVI- - nNC. N. GRANTNO. 16133, TO EXTEND SAID. FRANCHISE FOR FIVE ,.yeAtts...AN 'CONSIDERATION ' OF TO PROVIDING.CERTAIN EQUIPMENT, CONTRIBU- TIONS AND ,SEFIVICES IN SUPPORT \ OF PROGRAM- MING qN THE GOVERNMENTAL ACCESS -CHANNEL; PROVIDING PEN- - ALTIES FOR 01/0L.ATION; AND PROVIDING' FOR PUBLI- CATION; Grantee shall pay annually -to City the- amount of $15,000, the first such annual payment shall be delivered with Grantee's aCceptance, of this Franchise AmendMent; thereafter, each such payment Shall be delivered to City on or before each January 30th during the term of this Fran- chise; effective date of ordinance is the sikty-first day , following its passage on third` reading by the City Council; provided that within 30 days' 6,- said- SIVIV-111M-741aNT the Grantee Shall file with the City Secretary its unconditional ac- ceptance of this ordinance and promise to comply with and abide by all its provisions, terms, and conditiops. Was passed anl approved on .third reading by the City Council of the ,City of Corpus Christi, Texas on the 7th day of Mardh, 19e, and thla tekt of said ordnance is avail- able to the public in the Office of the City Secretary. /s/ Armando Chepa OrfSecnuN ���o�� 1/th day of March, 1989. 9UBLISHER'S AFFIDAVIT State of Texas, 3 City of Corpus Christi County of Nueces 3 ss: Ad # 55790 Before me, the undersigned, a Notary Publi PUBLISHER'S AFFIDAVIT State of Texas, ] City of Corpus Christi County of Nueces ] ss: Ad # 20249 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that.she s a Senior Accounting Clerk of the Corpus Christi Caller - Times, adaily newspaper published at Corpus Christi in said County andState, generally circulated in Aransas, Bee, Brooks, Cameron, Duval,jHidalgq, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, `Nueces, Refuio, San Patricio, and Victoria Counties, and that the ppblication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING" 'of which the annexed is a true copy, was published in the Corpus ChrVsti Caller -Times on the 5th day of February 1989, and each day^thereafter for zero consecutive day(s). one Times $ 74.20 Subscri�-/' and sic Senior Accounting Cler. to before me this 9th day of February, 1989. ' Anna Garza Notary Public, Nueces County, Texas Mv commission expires on 8.25.92 tof as ion thiid mmca� t tfirst day, the se, with the City ceptance of thii ordinance and prothise citiintily with and abide 4y prbvisions, s. ~ .~~-~_.~~ on first the Ci ����� _ Christi Texas ' Regency Plaza One Suite 600 4643 S: Ulster Street Denver, Colorado 80237 !CI .TELE•COMMUNICATIONS,INC. March 27, 1989 City of Corpus Christi P.O. Box 9377 Corpus Christi, Texas 78469 Re: An Ordinance Amending the Franchise and Extending the Term Five Years to TCI Cablevision of Texas, Inc. Ladies and Gentlemen: Post C9e Box A30 Denver, Colorado 80217 (303) 721-5500 0A-A.#0?06/,‘, The undersigned, TCI Cablevision of Texas, Inc., does hereby accept the franchise amendment and franchise extension granted for a period of five years pursuant to Ordinance passed and adopted on March 7, 1989, and does hereby agree that it will comply with and abide by all of the provisions, terms, and conditions of the franchise as amended and extended, subject to federal and state law. Very truly yours, CI CABLEVISION OF TEXAS, INC. .\Sparkman Prers 'int State of Colorado ) ) ss. City & County of Denver ) Acknowledged before me this 27th day of March, 1989, by J.C. Sparkman as President of TCI Cablevision of Texas, Inc. Witness my hand and official seal. My commission expires:ii-t/j6"/ itircP/ An Equal Opportunity Employer ,40/' /et/ Notary Public