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
~
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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
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PUBLISHER'S AFFIDAVIT
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CITY OF COF<l'U~~ CHRISTI 0
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,~(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,
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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',
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NOlitl}' Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Tvpe Name of Notarv Public
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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
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1\ .
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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;