Ordinance No. 8,92720000608 -7
ORDINANCE NO. 8927
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING, IN PART, ORDINANCE NO. 8912 'PROVIDING FOR THE
TRANSFER OF CONTROL OF THE BAYTOWN, TEXAS, CABLE TELEVISION
FRANCHISE, INITIALLY GRANTED TO TCI CABLEVISION OF TEXAS, INC.,
AND SUBSEQUENTLY TRANSFERRED TO TEXAS CABLE PARTNERS, L.P.,
FROM TIME WARNER, INC., TO AOL TIME WARNER, INC.; IMPOSING
CERTAIN CONDITIONS FOR CONSENT OF THE TRANSFER OF CONTROL OF
THE BAYTOWN, TEXAS, CABLE TELEVISION FRANCHISE, INITIALLY
GRANTED TO TCI CABLEVISION OF TEXAS, INC., AND SUBSEQUENTLY
TRANSFERRED TO TEXAS CABLE PARTNERS, L.P., FROM TIME WARNER,
INC., TO AOL TIME WARNER, INC.; PROVIDING FOR OTHER MATTERS
RELATED TO THE SUBJECT; PROVIDING A REPEALING CLAUSE; AND
PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE THEREOF.
WHEREAS, on May 23, 2000, the City of Baytown granted its consent to a transfer of control
of the Baytown, Texas, cable television franchise, initially granted to TCI Cablevision of Texas, Inc.,
and subsequently transferred to Texas Cable Partners, L.P., from Time Warner, Inc., to AOL Time
Warner, Inc.; and
WHEREAS, the City desires-, without repealing the previous ordinance or in any way affecting
its validity, to amend the same by clarifying the conditions which must be satisfied for the consent to be
effective; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: The facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and correct.
Section 2: Section 3 of Ordinance No. 8912 passed on May 23, 2000, is hereby amended
to read as follows:
The consent to the Transfer of Control granted in Ordinance No. 8912 is expressly
conditioned upon and subject to the following:
a) The terms, conditions, and requirements of the Franchise;
b) The terms, conditions, and requirements specified in Ordinance No. 8443,
passed, approved, and adopted on the 12"' day of November, 1998; and
C) TCP's agreement, expressed by acceptance of this Ordinance, that (i) in the
event TCP provides internet and on -line services through its cable facilities
and /or provides access to its cable facilities to any other person or entity for the
provision of internet and on -line services, such services and access shall be
deemed "cable services," unless and until such services and access are deemed
® by applicable law to be "cable services "; (ii) all revenues collected by TCP
from the cable services described in (i) above shall be included n the definition
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® of "Gross Revenues" under the Franchise, unless and until such services and
access are deemed by applicable law to be other than cable services; (iii) in the
event internet and on -line services are deemed by applicable law to be other
than cable services, TCP shall obtain,. or cause its parent, subsidiaries,
affiliates, or others to obtain, a separate franchise from the City to provide such
services within the City through TCP's cable facilities; and (iv) TCP shall not
attempt to circumvent the intention of this provision to pay franchise fees on
revenues collected from internet and on -line services and revenues collected
from allowing a parent company, subsidiary, or affiliate to provide such
services without compensation to TCP for the use of its cable facilities.
(d) TCP shall file with the City Clerk a written statement, within thirty (30) days of
the adoption of this Ordinance, duly executed in the following form:
To The Honorable Mayor and City Council of the City of Baytown, Texas:
For itself, its successors, and assigns, Texas Cable Partners, L.P., a
Delaware limited partnership duly authorized to do business in the State of
Texas, hereby agrees to be bound by the terms, conditions, and provisions of
the City of Baytown, Texas, Ordinance Nos. 8912 and _, passed, approved,
and adopted on the 23rd day of May, 2000, and on the 8' day of June, 2000,
respectively.
TEXAS CABLE PARTNERS, L.P.
Signature
Printed Name
Title
Date
Failure to file the statement in the form and manner required shall mean that there is no
consent to the Transfer of Control of the Franchise from TWI to AOL -TWI.
Section 3: Section 4 of Ordinance No. 8912 passed on May 23, 2000, is hereby deleted.
Section 4: In the event any clause, phrase, provision, sentence, or part of this Ordinance or
the application of the same to any person or circumstances shall for any reason be adjudged invalid or
held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this
® Ordinance or Ordinance No. 8912 as a whole or any part or provision hereof other than the part declared
to be invalid or unconstitutional; and the City Council of the City of Baytown, Texas, declares that it
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would have passed each and every part of the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional, whether there be one or more parts.
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 to the extent that this ordinance or conflicting part hereof is valid and
enforceable. In all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown, Texas, this 8' day of June, 2000.
ATTEST:
LCity G Y W SMITH, Clerk
APPROVED AS TO FORM:
aGINACIO RAMIREZ, S ., ity Attorney
/,� c.
PETE C. ALFARO, Tdayor
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