Ord 1999-014 - Laserfiche WebLink

Home Browse Search

~ ~ '.~..~ D'~ ~ iIJ ~, Co) ':1" r 1"- ~ ~I ;: 16 >~ O:::e ;;:E<a LU2: ~c: w.J~ VJ_ >-0 f- ;>. C35 ORDINANCE NO. 1999- 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TRANSFER OF THE EXISTING CABLE TELEVISION FRANCHISE FROM TCI CABLEVISION OF TEXAS, INC. TO TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP; PROVIDING THAT THIS TRANSFER SHALL BE SUBJECT TO ALL EXISTING TERMS OF THE CABLE TELEVISION FRANCHISE; PROVIDING FOR WRITTEN ACCEPTANCE TO BE FILED BY TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. In Ordinance 1988-48, the City Council of the City of San Marcos, Texas, granted to the Karnack Corporation ("Karnack") a non-exclusive franchise (the "Franchise") to operate a city-wide cable television signal distribution service, subject to certain specific terms and conditions. 2. In Ordinance 1991-23, the City Council approved the transfer of the Franchise by Karnack to TCI Cablevision of Texas, Inc. ("TCI"). 3. Section '14 of the Franchise authorizes TCI to transfer the Franchise, subject to the written approval of the City Council. 4. TCI has requested the approval of the City Council for the transfer of the Franchise to Time Warner Entertainment-Advance/Newhouse Partnership ("Time Warner"), a partnership organized under the laws of the State of New York and having its principal place of business in Stamford, Connecticut. 5. The entire text of this ordinance was published in a newspaper of general circulation in the City on __.. February 11 , 1999. 6. The City Council has conducted a public hearing on the proposed transfer on February 8 , 1999. 7. The City Council is satisfied that the information presented by Time Warner shows it to have the financial responsibility necessary to assume TCl's obligations under the Franchise. NOW THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The transfer of the Franchise from TCI to Time Warner is approved, subject to all of the existing terms and conditions of the Franchise, as amended by this ordinance. SECTION 2. The Franchise is amended by substituting the terms "Time Warner Entertainment-Advance/Newhouse Partnership" and "Time Warner" for the terms "TCI Cablevision of Texas, Inc." and "Cablevision," respectively, wherever the latter appear in the ordinance, and by amending Section 1.02 of the ordinance to read as follows: 1.02 "Time Warner" is Time Warner Entertainment-Advance/Newhouse Partnership, a New York partnership with its principal place of business in Stamford, Connecticut, the grantee of privileges under this contract. SECTION 3. The City releases TCI from all obligations and liabilities that arise and accrue after the effective date of this ordinance; this does not affect any obligation or liability ofTCI that arises or accrues on or before the effective date of this ordinance. Time