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Home My WebLink About024279 ORD - 11/14/2000 ORDINANCE GRANTING TO TCI CABLEVISION OF TEXAS, INC. ACCEPTANCE OF AN AGREEMENT RELATING TO THE CABLE TELEVISION FRANCHISE GRANTED IN ORDINANCE NO. 16133 AS AMENDED, TO EXTEND SAID FRANCHISE FOR SIX MONTHS IN CONSIDERATION OF TCI PROVIDING A FRANCHISE FEE PAYMENT TO CITY OF FIVE PERCENT AND BASED UPON CONSIDERATION OF REQUIREMENTS RELATING TO THE TRANSFER OF THE FRANCHISE TO TEXAS CABLE PARTNERS, L.P. ("TEXAS PARTNERS"). 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 as amended in Ordinance No. 20616 and finally passed by the City Council on March 7, 1989; and WHEREAS, TCI has requested approval by the City to transfer its Franchise to Texas cable Partners, L.P. (hereinafter "Applicant"); and WHEREAS, City and TCI have undertaken a process to evaluate the transfer including certain conditions, based upon the pending franchise renewal requested by TCI, and City will adopt an Ordinance approving the transfer of the Franchise to Applicant ("Transfer Ordinance"), and setting forth certain understanding between TCI, Applicant, and the City; and WHEREAS, City and TCI have been negotiating the renewal of the Franchise based on a request for renewal made by TCI; and WHEREAS, City and TCI desire to modify certain provisions of the Franchise as specified in this Ordinance in order to provide for an orderly transition of the Franchise to Applicant and, to facilitate the pending franchise renewal process. The Transfer Ordinance adopted by the City Council approving the Franchise transfer to Applicant and the understandings between the City, TCI, and the Applicant is hereby attached and is part of the consideration for adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That TCI is hereby granted an interim extension of an additional six (6) months beyond the term established by Section 6 of the Franchise to provide sufficient time for completion of franchise renewal negotiations and procedures. 021279 . SECTION 2. That in consideration of said interim extension of TCl's rights and privileges under the Franchise and based upon the Transfer Ordinance which has been attached hereto and made part of this Ordinance, Section 18, Paragraph A, is hereby amended to increase the franchise fee payment to City, beginning November 1, 2000, to five percent (5%) of the gross annual revenue received by TCI. All other requirements as set forth in Section 18, Paragraph A, and all other provisions of the Franchise (incorporated herein by reference), shall remain the same. SECTION 3. That the obligations of TCI set forth in Sections 1 and 2 hereof are in addition to its obligations existing under the Franchise, and no existing other obligation or right within the Franchise shall be diminished in any way by this Ordinance or acceptance thereof. SECTION 4. That this Ordinance shall be effective upon its second reading by the City Council; provided that within ten (10) days of said second reading, TCI shall file with the City Secretary its unconditional acceptance of this Ordinance and promise to comply with and abide by all of its provisions, terms, and conditions. Such acceptance and promise shall be in writing, duly executed, and sworn to by the appropriate officers of TCI before a Notary Public or other officer authorized by law to administer oath. SECTION 5. That the City Secretary is directed to publish at TCl's expense the description of this Agreement as required by Article IX, Section 3(a) of the City Charter. . That the foregoin~ ordinaO(~.:~:ad for the first time and passed to its second reading on this --liZ'BaY of , 20CD, by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales ~ ~ ~ Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott T~e fo~~~~c~as read for the second time and passed finally on this I ..j- ilay of ~ by the following vote: -Ill.} ~ PASSED AND APPROVED, this the ~ay of ~oOc) Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales ATTEST: /~~~ City Secretary APPROVED: b day of {Jet_ ,20&: By Jimm ~ Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott "L v.,~~ ,. Samuel L. Ne ,Jr., Mayor City of Corpus Christi, Texas 024279 '. PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } CITY OF CORPUS CHRISTI ss: Ad # 3615361 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE ON whic:h the (,,; --', annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on , the World Wide Web on the Caller-Times Interactive on the 15TH day(~) of OCTOBER. 2000. Olf'l. No. 01'i l1q t-r4 g c?~ c:-, TWO (2 ) Time(s) Customer Service Manager $98.60 Subscribed and sworn to me on the date of OCTOBER 16, 2000. ~~ ,d' Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. L.JJI'~.~.~''--'VI · Cof'pUI, ~ -~'---' .. October 15. 2OOOIF5 .. ... -. 01 '~:rC-l OF ORDIN~ce ON RRST REAOING n ()ctober 10, 21lOO City Council of the citY Corpus Christi, Texas, approved the firs reading of an ordinanc granting Tel Cablevisio of Texas. Inc. (Tel) a six month extaneion of th cable utevlsio franchlse- - granted i Ordinance NQ. 161 and a'mended i Ordinance No. 20616 pl'Qvide suffictent time completipn pi .franchis renewal negotiations- "t!OcedUf.. ,t..; c ation ,Of. e .)CtenslanI Tel will' lncroasel1B~f payment to Ct. beginning November 1. 2000 to five peroont of the gross annual- revenue reoetved by TOI.' All otherfre,n,chIQ requlrementO e>Cllf9088fI In Ord_ NO. 161!3 emend8d by. Ord_ No. 20616 _. "'" same. A copoi'ef - ttJ8 ordinances are aval1~ for inspection In ttli office - of the CitY Sec(etary. .1_ IsI Armando ctiepa CItY of ~~. , . PUBLISHER'S AFFIDAVIT .t. (" State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 3651417 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on On NOvember 1 , ' the City Council of the City of Corpus Christi, Texas, approved the second and final reading (S) of an ordinance granting Tel Cablevislon of Texas. Inc. (Tel) a six. month extension of the cable television franchise granted in Ordinance No. 16133 and amended in Ordinance No. 20616 to provide sufficient time for completion of franch1se renewal negotlatioOS and procedures. In consideration of the extension, Tel will increase its franchise fee payment to City beginning November " 2000 to five percent of the gross annual revenue received by Tel. All other franchise requirements expressed in Ordinance No. 16133 amended by Ordinance No. 20616 remain the same. A copy of the ordinances are available for Inspection in the office of the City Secretary. /01 Annando Chapa City-Il: I,f."'" -Times Sunday, November 19, 2ODDIF5-:c~- Od,_. No. ol4 ~ 1 q t1~ Tactive on the 19TH day(s) of (~~ R~.) t-~4 g Customer Service Manager Subscribed and sworn to me on the date of NOVEMBER 20, 2000. - \ ~/V~ ~~ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.