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
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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
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_
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