Ordinance No. 7,850961126 -7
ORDINANCE NO. 7850
AN ORDINANCE AMENDING ORDINANCE NOS. 6116 AND 7713,
CONCERNING THE FRANCHISE AGREEMENT BY AND BETWEEN THE
CITY OF BAYTOWN, TEXAS, AND STAR CABLE ASSOCIATES; PROVIDING
A REPEALING CLAUSE; C-ONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Star Cable Associates (the "Company ") has operated under Ordinance No. 6116
which expired on June 1, 1996; and
WHEREAS, on May 23, 1996, the City of Baytown (the "City ") and the Company through
Ordinance No. 7713 extended the effective date of the franchise until November 30, 1996; and
WHEREAS, to date, the City and the Company are negotiating a new suitable franchise
agreement, which will not be completed before November 30, 1996, and
WHEREAS, because the City and the Company have not yet reached an absolute impasse
concerning the future franchise agreement, the parties have determined that the current franchise
agreement should be extended under the same terms and conditions for a six -month period after the
expiration date of Ordinance No. 7713; and
WHEREAS, the extension of time should afford the parties more time to finalize the
agreement while ensuring that the citizens who enjoy the Company's services may continue to do so;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF BAYTOWN, TEXAS:
Section 1: Unless a different meaning clearly appears from the context, words and phrases
as used in this Amendment shall have the same meaning as in Ordinance No. 6116.
Section 2: That Section 3 of Ordinance No. 6116 of the City of Baytown, Texas, is
hereby amended to read as follows:
Section 3. Grant of Authority. In consideration of its compliance with the terms
agreed to with the City Council of the City of Baytown, there is hereby granted to the
Company for the term beginning December 1, 1996, and ending May 31, 1997, the
right, privilege, and franchise to operate, acquire, construct, reconstruct, maintain, use
and operate in that portion of Chambers County, Texas, which falls within the city
limits of the City of Baytown, Texas, a signal receiving, amplifying and distribution
system and service, hereinafter called a "community antenna television system," and
to have, acquire, construct, reconstruct, maintain, use and operate in, over, under,
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® upon, within, above, along, and across the present and future streets, highways, alleys,
bridges, and public ways, sidewalks, and places of the city, all necessary or desirable
poles, towers, anchors, wires, cables, fiber optic cables, electronic conductors,
underground conduits, manholes, and other structures and appurtenances necessary
for the construction, maintenance and operation of a community antenna television
system in that portion of Chambers County, Texas, which falls within the city limits
of the City of Baytown.
Section 3: The Company has prior to the date of the final passage of this ordinance by
the City Council of the City of Baytown, filed with the City Clerk of Baytown a written statement
signed in its name by an officer of the Company duly authorized by its Board of Directors in the
following form:
The Honorable Mayor and the City Council of the City of Baytown:
Star Cable Associates, for itself, its successors and assigns, hereby accepts the
attached ordinance which will be considered by the City Council of Baytown, the 26th
day of November, 1996, and agrees to be bound by all of its terms and provisions.
CKIII7 M
(Signature)
(Printed Name)
(Title)
STAR CABLE ASSOCIATES
STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared
in his capacity as of Star Cable Associates, on
behalf of such corporation, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this_ day of , 1996.
Notary Public in and for the State of
® Texas
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Section 4: Nothing contained - herein should be construed as to guaranty or grant the
Company a renewal of a franchise to operate within the City. This ordinance merely extends the
current franchise agreement until the above- referenced date.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 6: If any provisions, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application to other persons or sets of
circumstances and to this end. all provisions of this ordinance are declared to be severable.
Section 7: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 26th day of November, 1996.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ity Attorney
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PETE C. ALFAR , Mayor