05131991 Regular Meeting - Laserfiche WebLink

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60 Regular Meeting May 13, 1991 Page 2 NAY: NONE ABSTAIN: NONE The Council voted unanimously for approval of the Budget Policy. Mayor Morris introduced for consideration approval of an Ordinance on second reading, the caption which read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TRANSFER OF THE EXISTING CABLE TELEVISION FRANCHISE FROM KARNACK CORPORATION TO TCI CABLEVISION OF TEXAS, INC.; PROVIDING THAT THIS TRANSFER SHALL BE SUBJECT TO ALL EXISTING TERMS OF THE CABLE TELEVISION FRANCHISE; PROVIDING FOR WRITTEN ACCEPTANCE TO BE FILED BY TCI CABLEVISION OF TEXAS, INC.; AND PROVIDING AN EFFECTIVE DATE. Mr. Plummer moved for approval of the Ordinance and Ms. Kissler seconded the motion. Mr. Taylor stated that there were a number of amendments that he had been discussing with TCI. He provided these to the Council with the ordinance. Mayor Morris asked Mr. Taylor a question pertaining to Part 6 of the ordinance, regarding the date of the Karnack contract with the City that provides the system capability upgrade. Mr. Taylor stated that the ordinance was adopted June 27, 1988 and that it contained an acceptance by Karnack dated July 15, 1988. Mr. Taylor stated that under the effective date clause of the franchise with Karnack the effective date of the franchise ordinance is the date of acceptance which is the 15th day of July, 1988 and therefore the 5 year term for the buildout of the cable system upgrade would be July 15,1993 which would be a 20 year contract.. Mr. Taylor stated that there is a specific time frame in which Karnack or whoever holds the franchise would need to make a second lump sum payment to the city. Discussion ensued regarding the extension date and technical advancement. Mr. Taylor read an amendment to section 3 which reads: IICablevision assumes only those obligations of Karnack, with respect to indemnification and waiver and the making of payments to the City, which accrue from and after the effective date of this ordinance, except that Cablevision assumes Karnack's obligation to pay franchise fees under section 15.01 of the Franchise, including such fees as are outstanding as of the effective date of this ordinance" and to renumber existing Sections 3,4,and 5 as 4,5 and 6. Mayor Morris moved that the amendments be approved. Ms. Kissler seconded the motion which passed unanimously. On roll call the following vote was recorded: Mr. Plummer moved for approval of the Ordinance on second reading. Ms. Kissler seconded the motion which passed unanimously. On roll call the following vote was recorded: AYE: Guerra, Kissler, Plummer, Moore, Hernandez, Hart and Morris NAY: NONE. ABSTAIN: NONE. The Council voted unanimously for approval of the Ordinance on second reading. Mayor Morris introduced for consideration approval of the minutes of the Regular Meeting held April 22, 1991, Special Meeting held April 29, 1991 and Special Meeting held May 6, 1991; approval of two Ordinances on second reading; adoption of four Ordinances on third and final reading; adoption of eight Resolutions; approval of Change Order No.4 and Change Order No.5 to the Victory Gardens/Dunbar Paving and Drainage Improvement Project; authorization to bid Office Supply Contract for City Offices;