HomeMy WebLinkAbout97-3151CABLE FRANCHISE
ORDINANCE NO. 9%3151
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE 81-2474;
EXTENDING THE DURATION AND ACCEPTANCE OF A NONEXCLUSIVE
FRANCHISE WITH TELESERVICE CORPORATION OF AMERICA, dba TCA
CABLE TV OF PLAINVIEW, FOR ONE (1) YEAR; CUMULATIVENESS CLAUSE;
CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE.
WHEREAS, the City Council of the City ofplainview, Texas, previously granted a Franchise
for purposes generally related to those set forth in the heading of this Ordinance, which Franchise was
granted in. Ordinance No. 81-2474, dated January 12, 1982; and,
WHEREAS, Teleservice Corporation of America is restructuring itself into TCA Holdings
II, L.P., a wholly owned subsidiary of TCA Cable TV, Inc.; and,
WHEREAS, TCI American Cable Holdings, IV, L.P. and TCA Holdings II, L.P., have formed
a new general partnership to be called TCA Cable Partners II, the dosing of said transaction is
scheduled to occur on or before February 2, 1998; and,
WHEREAS, TCA Holdings II, L.P., will be an 80% partner of TCA Cable Partners II and
TCI American Cable Holdings IV, L.P. will be a 20% partner of TCA Cable Partners II; and,
WHEREAS, such restructuring will result in the transfer of the cable television franchise to
TCA Cable Partners II, but because TCA Holdings II, L.P. will be an 80% general partner of TCA
Cable Partners II, there will be no change in control over the operation of the franchise; and,
WHEREAS, TCA Cable Partners II desires to assume such permit and operate hereunder in
the City of Plainview; and,
WHF. REAS, the City Council of Plainview, finds that such transfer is acceptable to the City
Council. The City of Plainview does further declare that the aforesaid agreement for a cable
television system has not been revoked, rescinded or terminated, and is presently in full force and
effect; and,
WHEREAS, on January 28, 1997, by Ordinance No. 96-3107, the City of Plainview granted
an extension of the Franchise for a period of one (1) year, said Ordinance to expire on January 28,
1998; and,
WHEREAS, negotiations for a new long-term agreement between the City of Plainview and
Teleservice Corporation of America will not be competed prior to the formation of TCA Cable
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Partners II; and,
WHEREAS, the City Council of the City of Plainview and TCA Cable Partners II wish to
continue the current agreement for a period not to exceed one (1) year from January 28, 1998, to
January 28, 1999, so that negotiations may be continued. During this year both the City of Plainview
and TCA Cable Partners II shall use their best efforts to informally reach a long-term agreement to
renew the franchise;
NOW THEREFORE BE IT RESOLVED, NOW THEREFORE BE IT ORDAINED by the
City Council of the City of Plainview that Section 5 of Ordinance No. 81-2474 shall be and is hereby
amended to read as set forth herein:
SECTION I.
Article I, Section 5. Duration and Acceptance of Franchise, is hereby amended to read as
follows:
The franchise and the rights, privileges and authority hereby granted shall take effect and be
in force from January 28, 1998, to January 28, 1999, as provided by law.
Article II, Section 5. Transfer of Ownership, is hereby amended to read as follows:
The City of Plainview hereby acknowledges and approves the transfer of the franchise to TCA
Cable Partners II, to operate a cable television system in Plainview, Texas, effective upon the
closing of the Partnership Agreement between TCA Holdings II, L.P. and TCI American
Cable Holdings, IV, L.P.
If the dosing of the Partnership Agreement does not occur, then the cable television franchise
will be transferred to TCA Holdings II, L.P.
SECTION H.
Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter or diminish
the applicability or enforcement of other Ordinances restricting, regulating, or governing the subject
matter herein.
SECTION III,
All Ordinances shall be in full force and effect from January 28, 1998, to January 28, 1999.
PRESENTED and given first reading on the 23rd day of December, 1997 at a regular meeting
of the City Council of the City of Plainview, Texas.
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PRESENTED and given second reading and PASSED AND APPROVED this the 13th day
of January, 1998 by a vote of 6 ayes and 0 nays, with two council members absent, at a regular
meeting of the City Council of the City of Plainview.
APPROVED:
Karen McBeth, City Secretary
APPROVED AS TO FORM:
Wally Ha{ch,~ity A~ttorney~
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