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<br />~ ORDINANCE NO. 1991 - 23
<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br />OF SAN MARCOS, TEXAS, APPROVING THE TRANSFER
<br />OF THE EXISTING CABLE TELEVISION FRANCHISE
<br />FROM KARNACK CORPORATION TO TCI CABLEVISION OF
<br />~ TEXAS, INC.¡ PROVIDING THAT THIS TRANSFER
<br />~ SHALL BE SUBJECT TO ALL EXISTING TERMS OF THE
<br />~ CABLE TELEVISION FRANCHISE¡ PROVIDING FOR
<br />.-~ WRITTEN ACCEPTANCE TO BE FILED BY TCI
<br />CABLEVISION OF TEXAS, INC. ¡ AND PROVIDING AN
<br />EFFECTIVE DATE.
<br />
<br />WHEREAS, in Ordinance 1988-48, the City Council of the City of
<br />San Marcos, Texas, granted to the Karnack Corporation of San Marcos,
<br />Texas (Karnack) a non-exclusive franchise (Franchise) to operate a
<br />city-wide cable television signal distribution service, subj ect to
<br />certain specific terms and conditions¡ and,
<br />
<br />WHEREAS, Section 14 of Ordinance 1988-48 authorizes Karnack to
<br />transfer the Franchise subject to the written approval of the City
<br />Council¡ and,
<br />
<br />WHEREAS, Karnack has requested the approval of the City Council
<br />for the transfer of the Franchise to TCI Cablevision of Texas, Inc.
<br />(Cablevision), a corporation organized under the laws of the State of
<br />Texas and having its principal place of business in Dallas, Texas ¡
<br />and,
<br />
<br />t'lHEREAS, the City Council is satisfied that the information
<br />presented by Cablevision shows it to have the financial
<br />responsibility necessary to assume Karnack I s obligations under the
<br />Franchise.
<br />
<br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
<br />SAN MARCOS, TEXAS:
<br />
<br />SECTION 1. That, subject to all of the existing terms and
<br />conditions of the Franchise, approval is hereby given to the transfer
<br />of the Franchise from Karnack to Cablevision
<br />
<br />SECTION 2. That Ordinance No. 1988-48 of the City Council of
<br />the City of San Marcos, Texas, is hereby amended by substituting the
<br />terms "TCI Cablevision of Texas, Inc." and "Cablevision" for the
<br />terms "Karnack Corporation" and "Karnack," respectively, wherever the
<br />latter appear in the ordinance, and by amending Section 1.Ø2 of the
<br />ordinance to read as follows:
<br />
<br />1.Ø2 "Cablevision" is TCI Cablevision of Texas, Inc., a
<br />corporation with its principal place of business in Dallas,
<br />Texas.
<br />
<br />SECTION 3. Cablevision assumes only those obligations of
<br />Karnack, with respect to indemnification and waiver and the making of
<br />payments to the City, which accrue from and after the effective date
<br />of this ordinance, except that Cablevision assumes Karnack IS
<br />obligation to pay franchise fees under Section 15.Øl of the
<br />Franchise, including such fees as are outstanding as of the effective
<br />date of this ordinance.
<br />
<br />SECTION 4. That the approval to transfer the existing cable
<br />television franchise from Karnack Corporation to TCI Cablevision of
<br />Texas, Inc., and the amendments to such franchise described in
<br />Section 2 above, shall be null and void unless Cablevision files its
<br />written acceptance of the terms and conditions of the cable
<br />television franchise ordinance, Ordinance No. 1988-48, and of this
<br />ordinance, within sixty (6Ø) days after consummation of the sale of
<br />the Franchise and related assets by Karnack to Cablevision, or by
<br />December 31, 1991, whichever occurs first.
<br />
<br />SECTION 5. The City hereby confirms that: (a) the Franchise was
<br />properly granted¡ (b) the Franchise is in accordance with all
<br />federal, state and local laws¡ (c) the Franchise is validly existing
<br />and in full force and effect¡ and (d) there presently exists no fact
<br />or circumstance which constitutes or which, with the passage of time
<br />or the giving of notice or both, would constitute a default under the
<br />Franchise or entitle the City to cancel or terminate the rights
<br />thereunder, except upon the expiration of the full term thereof.
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