HomeMy WebLinkAbout1520 02-26-2002ORDINANCE NO. 1520
AN ORDINANCE RENEWING AND EXTENDING FOR
FOUR MONTHS THE FRANCHISE OF TCI TKR OF THE
METROPLEX, INC., MARKETED AS AT&T BROADBAND,
FOR THE CONTINUED OPERATION OF A COMMUNITY
ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF
EULESS; PROVIDING THE TERMS AND CONDITIONS
THEREOF; PROVIDING FOR PUBLIC NOTICE AND A
PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE;
PROVIDING A TERMINATION DATE; AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Euless, Texas, did heretofore adopt
Ordinance No.566, establishing the authority for the grant of franchises for the
construction, maintenance and operation of a community antenna television system
within the corporate limits of the City of Euless, Texas; and
WHEREAS, pursuant to such ordinance, the Euless City Council did thereafter
adopt Ordinance No. 576 granting a franchise to Tarrant Cable Communication, Inc.,
the predecessor of Storer Cable TV of Texas, Inc., for the establishment and operation
of a community antenna television system within the corporate limits of the City of
Euless, Texas; and
WHEREAS, the Euless City Council thereafter adopted Ordinance No. 1064,
amending, renewing and extending said franchise of Storer Cable TV of Texas, Inc., for
an additional ten (10) years commencing December 12, 1991; and
WHEREAS, through various conveyances, mergers and acquisitions, the CATV
system formerly operated by Storer Cable TV of Texas, Inc., is now being operated by
TCI TKR of the Metroplex, Inc., and marketed as AT &T Broadband; and
WHEREAS, although the City and TCI TKR of the Metroplex, Inc., have been
negotiating in good faith towards a new franchise agreement, the parties have not yet
been able to reach final agreement on the terms and conditions of said new cable
television franchise; and
WHEREAS, the City Council of the City of Euless, Texas, hereby finds and
determines that the best interests of the citizens of Euless would be served by
extending the City's existing franchise with TCI TKR of the Metroplex, Inc., for an
additional four months, to allow the parties to negotiate a new, longer term franchise
agreement for provision of cable television services within the City; and
WHEREAS, the requirements of the City of Euless Charter and of the Cable Act
(47 U.S.C. § 546) have been in all things complied with by the City and the cable
franchisee, including the giving of adequate public notice and opportunity for comment
upon the extension of the cable television franchise granted hereby.
WHEREAS, the term of the current franchise ordinance, contained in Section 2.2
of City of Euless Ordinance No. 1064, originally adopted on November 12, 1991, was
extended by Ordinance No. 1498, adopted on October 23, 2001, for an additional four
months from its original expiration date of December 12, 2001, to April 12, 2002.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
That the term of the current franchise ordinance, contained in Section 2.2 of City
of Euless Ordinance No. 1064, originally adopted on November 12, 1991, and amended
by Ordinance No. 1498 on October 23, 2001, to expire on April 12, 2002, be hereby
extended by an additional four months from its current expiration date of April 12, 2002,
so that same shall now extend to and expire upon August 12, 2002. The City of Euless
hereby extends the term of said franchise for said period of time, all upon the same
terms and conditions as currently set forth in Ordinance No. 1064 of the City of Euless.
SECTION 2
After the first reading of this ordinance, the City Secretary's office shall cause to
be published a notice in the official city newspaper, affording the public adequate notice
and opportunity for comment upon the franchise extension granted hereby, with a public
hearing thereon to be held immediately prior to the second reading and city council
action upon this ordinance.
SECTION 3
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 4
Saving Clause. That Ordinance No. 1064 of the City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
SECTION 5
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
Ordinance No. 1520, Page 2 of 3
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the 22nd day of January, 2002, by a vote of 5 ayes, 1 nay,
and 0 abstentions.
PRESENTED AND GIVEN SECOND AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 26th day of February, 2002, by a vote
of 5 ayes, 1 nays, and 0 abstentions.
APPROVED:
I
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ATTEST:
Susan Cri , CMC, ity Secretary
APPROVED AS TO FORM:
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Ordinance No. 1520, Page 3 of