Ordinance No. 7,951970410 -7
ORDINANCE NO. 7951
® AN ORDINANCE AMENDING ORDINANCE NOS, 3074, 7689, and 7830
CONCERNING THE FRANCHISE AGREEMENT BY AND BETWEEN THE
CITY OF BAYTOWN, TEXAS, AND TCI CABLEVISION OF TEXAS, INC.,
SUCCESSOR IN INTEREST TO SOUTHWEST VIDEO CORPORATION, INC.;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, TCI Cablevision of Texas, Inc., (the "Company ") has operated under Ordinance
No. 3074 which expired April 13, 1996; and
WHEREAS, on April 25, 1996, the City of Baytown (the "City ") and the Company through
Ordinance No. 7689 extended the effective date of the franchise until October 31, 1996; and
WHEREAS, on October 24, 1996, the City and the Company through Ordinance No. 7830
extended the effective date of the franchise until April 30, 1997; and
WHEREAS, to date, the City and the Company have been unable to agree to a new suitable
franchise agreement; 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. 7830; 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. 3074.
Section 2: That Section 3 of Ordinance No. 3074 and Section 2 of Ordinance Nos. 7689
and 7830 of the City of Baytown, Texas, are 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, a Texas corporation, for the term beginning with the effective date of this
ordinance and ending October 31, 1997, the right, privilege, and franchise to operate,
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970410 -7a
® acquire, construct, reconstruct, maintain, use and operate in the City of Baytown,
Texas, a city-wide 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, 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, electronic conductors, underground conduits, manholes, and
other structures and appurtenances necessary for the construction, maintenance and
operation of a community antenna television system in said City.
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:
TCI Cablevision of Texas, Inc., for itself, its successors and assigns, hereby accepts
the attached ordinance which will be considered by the City Council of Baytown, the
10th day of April, 1997, and agrees to be bound by all of its terms and provisions.
COMPANY
(Signature)
(Printed Name)
(Title)
TCI CABLEVISION OF TEXAS, INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared ,
in his capacity as of TCI Cablevision of Texas,
Inc., 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 April, 1997.
® 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 S: 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 provision, 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 10`h day of April, 1997.
ATTEST:
EILEEN P. HAILL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., it Attorney
c:k1102\council \ ordinancc\TCI- amendlord
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PETE C. ALFA 0, Mayor