HomeMy WebLinkAboutResolution 13311 ' ~~
A Resolution ~o~~aH N~•~1
Resolution Relating to Notice of Non-compliance of Franchise
Obligations Under the Terms of the Cable Television Franchise
WHEREAS, on August 11, 1981, the City of Fort Worth awarded to
Sammons of Fort Worth a cable television franchise, the specific
terms of which are set forth in Ordinance 8291 and incorporated
documents; and,
WHEREAS, that franchise is a contract by which Sammons of Fort
Worth is obligated, in return for use of the City's rights-of-way
and other valuable consideration. to provide certain benefits to
the City and the citizens of Fort Worth; and,
WHEREAS, important obligations undertaken by Sammons of Fort
North have not. been performed as required to the terms of the
franchise. including:
* the obligation to provide for the benefit of
and use by the citizens of Fort Worth central
local origination and public access studios;
* the obligation to equip and to staff fully such
studios and to provide other specified financial
support for community programming;
* the obligation to make cable television service
available within the entire City of Fort Worth;
* the obligation to provide a dual cable system
throughout the entire city;
* the obligation to provide a fully interactive,
two-way cable system to the city;
* the obligation to make available to the city and
to local tax supported institutions a fully activated
institutional network; and,
WHEREAS, neither the city nor the citizens of Fort North have
received the full benefits of the cable system that Sammons of
Fort Worth promised in order to obtain the franchise and that
Sammons is legally obligated to provide; and,
WHEREAS, the City has the continuing authority tc enforce the
provisions of the cable television franchise and city staff has
attempted to bring Sammons of Fort Worth into compliance with its
franchise obligations but Sammons has not been responsive to such
efforts; and, f "]
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WHEREAS. the City Council has agreed with preliminary staff and
the City Counci] Cable Television Committee findings with regard
to Sammons' non-compliance and has retained special counsel to
aid city staff in enforcing fully the franchise provisions;
~~NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that Sammons of
Fort Worth is hereby given notice that it is in non-compliance
with its cable television franchise obligations; and that Sammons
is requested within sixty days from June 27, 1988, to arrive at an
agreement with the City of Fort Worth representatives on a plan
acceptable to the Cable Television Committee of the City Council
for bringing Sammons into full compliance with its franchise
ob]igations or a revised franchise agreement; and that at that
time, the Cable Television Committee is directed to bring to the
City Council a revised franchise agreement for consideration, a
recommended compliance schedule, or a recommendation for action
to enforce the franchise by the assessment of penalties, bond
forfeiture, franchise termination and/or litigation, as the
Committee deems appropriate.
Passed this ~~____ day of June, 1988.
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APPROVED BY
CITY COUNCIL
~+( 7 1989
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