Loading...
HomeMy WebLinkAbout026401 ORD - 08/23/2005 ORDINANCE AMENDING THE FRANCHISE GRANTED TO TEXAS CABLE PARTNERS (TIME WARNER) REGARDING USE OF ACCESS CHANNELS WHEN NOT IN USE BY ACESS CHANNEL USERS WHEREAS, in 2002 in Ordinance Number 024928, City Council granted a 15-year cable franchise ("Franchise") to Texas Cable Partners, LP ("Company") for use of City rights- of-way for company's cable system operations; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council authorizes the City Manager or designee to execute an amendment to the Franchise to authorize Company to utilize access channels for such other purposes as it may deem appropriate whenever the users are not utilizing the channels upon written approval of the City A copy of the amendment is attached and on file in Office of City Secretary SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or prOVision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as reqUired by the City Charter of the City of Corpus Christi. T..N Franchise amd.DOC 020(101 3 AMENDMENT NO.1 TO TIME WARNER (TEXAS CABLE PARTNERS) FRANCHISE The City of Corpus Christi and Texas Cable Partners, L P agree to amend Section 6_2 D of the cable franchise granted to Texas Cable Partners, LP. ("Grantee") as follows: Section 6.2 0 of the Texas Cable Partners (Time Warner) cable franchise is amended to read as follows o Non-Commercial Proqramminq The Public Access channels provided under this Section 6.2 shall be used exclusively for Locally Produced Programming and no PEG Access Channel shall contain any Commercial Programming Grantee shall be allowed to utilize the access channels for such other purposes as it may deem appropriate whenever the users are not utilizinq the channels upon the written approval of the City. ~' All other terms and conditions of the cable franchise granted to Texas Cable Partners, L.P. remain unchanged In witness whereof. City of Corpus Christl and Grantee have executed this amendment this the _____ day of 2005 City of Corpus Christi Texas Cable Parnters By George K. Noe City Manager By Name: Title: State of Texas County of Nueces The foregoing instrument was acknowledged before me on , 2005 by George K. Noe, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public State of Texas STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me on , 2005, by , the of Texas Cable Partners, L P., a Texas limited partnership, on behalf of said partnership. Notary Public State of Texas T-.N Fraochlse amdDOC That the foregoing ordinance was read for the first time and passed to its second reading on this the /qi!---- Day of ~ ,2005, by the following vote: Henry Garrett ~ Rex A Kinnison ~ Brent Chesney L^-1'- John E Marez ~ ::~~a~:i:pe' ~ ~:,:es:::ola ~ ( !~;l That~~~JregOing or inance was read for the second time and passed finally on this the. Day of ,t ,2005, by the following vote: Bill Kelly ~ =4= (1~ Bill Kelly ~ ... PASSED AND APPROVED this the 0ay of ~, 2005. ATTEST A'ma~ City Secretary Henry Garrett Rex A. Kinnison ~ ~ ~ no Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott APPROVED: July 27, 2005 t:_ j}L /~ \..L_C~ Lisa Aguilar j Assistant City Attorney for City Attorney EFPECnVEDATE 9/Z9!V5 I 02f'i401 PUBLISHER'S AFFIDAVIT F ,f ; ('X, i~; ! Ii (! N llt{( .,) ~,s CITY OF COF<l'U~~ CHRISTI 0 Ad tt=,2h2:S7J PO II , . g: L~ 1, ,~(I, I( lJit", the LlndersigrHd. d Notdry Public, this day personally came Diana t 1!Il' 'l()~, who being firsl duly sworn. ,l(Tording 10 law, says that she is '~ENi~)R~(Hde.E.Sc~TOR of 111<' CorfJu.s Christi Caller Times, a daily newspaper ;;:;1 llshnl at Corpus Christi in said City and State, generally circulated in II dilSilS BlT, Rrooks. Duval. ,Jim Hogg, ,Jim Wells, Karnes, Kenedy, Kleberg, I i\' OaJ.:. Nueecs, Refugio. San Patricia, Victoria and Webb Counties, and that , ,,,' p\l biica t ion of, NOTICf;: OF PASSAGE OF ORDINANCE ON which the -.--- ...- - ~ ----- ~-~ I"x,'d IS <l true COP\, WitS llIscrtcd in the Corpus Christi Caller-Times and on 'IW \\!orld Wide Web Olt th(' ('aller-Times Jnteractive on the 24TH day(s) of JULY, "1(1 \ St);) .3u J\L"tifLD- ctj ["v..&;fJ.s~ SB~NIOR COLLECTOR TW( ilL Time(sl Subscribed and sworn to me on the date of ,JI)L'{ 25, _:2()QQ. 1', _ ))V,.){~ '7JW/LLLl ,:~-? CL- NOlitl}' Public, Nueces County, Texas ROSA MARIA FLORES Print or Tvpe Name of Notarv Public ... " .,~---' ,-,'~ < '" < \v,\.'. My (ommission t'xpires on 04/23/09. C ALL EA. TIM E S .J_uly 24, 2005 . Sundlly OF PASSAGE OF ORDINANCE ON FIRST READING Amending the franchise granted to Texas Cable Partners (Time Wamer) regarding use of access channels when not in use by access channel users. This ordinance was passed and approved on first reading by the City Council of the City of Corpus Christi on July 19, 2005. Is! Armando Chapa City Secretary ~i!y' of Camus Chri~tl.. .:d;lle (If fcxas ( {It! nlv ,,1 Nut'Ct.s PUBLISHER'S AFFIDAVIT F1HAHCE DEPARTH: CITY OF coItBSSft.t-VRWflJ: : Ad # 5291271 PO # "s: Ht'1"rc me, the undersign,'d a Notary Publtc, this day personally came Diana HID.OjQSet, who being firs! duly sworn, according to law, says that she is SEHIOR COLLECTOR of the C'orpus Christi Caller-Times, a daily newspaper publishtd at Corpus Chnsti in "aid City and State, generally circulated in .\rclTlsas Bee, Brooks DuvaL ,Jim Hogg, ,Jim Wells, Karnes, Kenedy, Kleberg, ,iV( Oak, Nueces, Refugio. San Patricio, Victoria and Webb Counties, and that 'I;e publication of. NOTICE OF PASSAGE OF ORDINANCE NO. which the -- ----. - .Ultlt'xt~d is a true COP\, was 1T1serted in the Corpus Christi Caller-Times and on ! he World Wid, Web on the Coller-Times Interactive on the 28TH day(s) of '\U(i!,}ST, 2002 $K1J:' 1\ . _)La/lD- ctj 0u~.5~ SENIOR COLLECTOR T\\LCL1LJ Time(sj Subscribed and sworn to me on the date of AUGUST 29.2005. ) /.\ Q,J(t Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Tvpe Name of Notary Public I J ){il/,[d Jim ( '- Mv ,'ommission expires on 04/23/09. NO P OF ORDINANCE NO. 026401 ' I Amending the franchise ' granted to Texas Cable Partners (Time Warner) regarding use of access channels when not in use by access channel users. This ordinance was passed and approved on its second reading by the City Council of the City of Corpus Christi on August 23, 2005. Is! Armando Chapa City Secretary City of Corpus Christi;