HomeMy WebLinkAboutOrdinance 19092-04-2010Ordinance No 19092-04-2010
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE CABLE COMMUNICATIONS SECTION OF THE SPECIAL TRUST FUND IN THE
AMOUNT OF $60 000 00 SUBJECT TO RECEIPT OF THE SETTLEMENT FROM
STRATEGIC CABLE TECHNOLOGIES L.P FOR TERMINATION OF THE CABLE
TELEVISION FRANCHISE WITH SAME, PROVIDING FOR A SEVERABILITY CLAUSE,
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
SECTION 1
That in addition to those amounts allocated to the various City departments for Fiscal Year 2009-2010 in the
Budget of the City Manager there shall also be increased estimated receipts and appropriations in the
Cable Communications Section of the Special Trust Fund in the amount of $60 000 00 subject to receipt of
the settlement from Strategic Cable Technologies, L.P for the termination cable television franchise with
same
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3
That this ordinance shall be cumulative of Ordinance No 18809 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed
SECTION 4
This ordinance shall take effect upon adoption
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
ADOPTED AND EFFECTIVE. April 6, 2010
City of Fort Worth, Texas
Mayor and Council Communication
.COUNCIL ACTION: Approved on;4/6/2010 -Ord. No. 19091-04-2010 8~ 19D92-04-2010
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DATE Tuesday Apri106 2010
LOG NAME 12CABLE SALE
REFERENCE NO ""`G-16878
SUBJECT
Adopt Ordinance Terminating Cable Television Franchise with Strategic Cable Technologies L.P and
Consenting to the Sale of Cable System to Charter Communications Authorize Execution of Related
Settlement Agreement and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached Ordinance terminating the cable television franchise granted to Strategic Cable
Technologies L.P (SCT) and consenting to the sale of SCT's cable system to Charter Communications
2. Authorize the City Manager to execute a settlement agreement with SCT pursuant to which both the
City and SCT release one another from all legal claims regarding the sale of SCT's system to Charter
Communications in return for a payment by SCT to the City of $60 000 00 and
3 Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the
Cable Communications Section of the Special Trust Fund in the amount of $60 000 00
DISCUSSION
On December 2 2003 the City Council adopted Ordinance No 15790 (M&C G-14166) granting SCT a
franchise (the Franchise) to use public rights-of-way in the City for the operation of a cable television
system SCT serves approximately 1 800 customers in the Sendera Ranch area of north Fort Worth The
Franchise requires SCT to obtain the City's consent prior to any sale or transfer of SCT's cable system to
another party
In December 2009 SCT notified the City that it intended to sell its system to Charter Communications
(Charter) and to terminate the Franchise Charter is authorized to provide cable television services in the
City of Fort Worth under a permit issued by the Texas Public Utility Commission and in accordance with
Chapter 66 of the Texas Utilities Code is not subject to local franchising authority as SCT is. The City is
willing to consent to the termination of the Franchise and the sale of SCT's system to Charter in return for
a payment by SCT of $60 000 00 which City staff believes is reasonable compensation for the loss of
certain regulatory rights under the Franchise that are not available under state law
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that the Community Relations Department is
responsible for the collection and deposit of funds due to the City
FUND CENTERS
Logname• 12CABLE SALE Page 1 of 2
TO Fund/Account/Centers
FE72 481306 002500100000 $60,000.00
CERTIFICATIONS
Submitted for City Manager's Office b~
Oriainating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
ALL ACMs (6222)
David Yett (7623)
Peter Vaky (7601)
Logname: 12CABLE SALE Page 2 of 2