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Home My WebLink AboutOrdinance 12865 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 11089, GRANTING A LIMITED FRANCHISE TO NORTH TEXAS CABLEVISION, LTD. D/B/A NORTH TEXAS CABLECOMM TO OWN, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM, TO REVISE THE DESIGNATED AREA WITHIN THE CITY OF FORT WORTH IN WHICH NORTH TEXAS CABLEVISION, LTD. MAY OWN, OPERATE AND MAINTAIN ITS CABLE TELEVISION SYSTEM; TO REVISE THE DEFINITION OF "CABLE COMMUNICATION SYSTEM"; APPROVING AN AGREEMENT OF ACCEPTANCE OF TERMS AND CONDITIONS TO THE AMENDMENT OF ORDINANCE NO. 11089; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth (the "City") previously granted a lirruted franchise for the operation of a cable communication system to North Texas Cablevision, Ltd. ("Grantee") under Ordinance No 11089 in a designated area of the City specified by Ordinance No. 11089; and WHEREAS, Grantee accepted the rights and obligations of Ordinance No 11089 under City Secretary Contract No 19090 ("Franchise Agreement"), and WHEREAS, Grantee currently is doing business as North Texas CableComm, and WHEREAS, Grantee has for at least the last twelve months been operating its cable communication system m an area of the City not authorized by Ordinance No 11089 or the Franchise Agreement; and WHEREAS, Grantee and the City mutually feel that it is in their best interests and in the best interest of and consistent with the public necessity and convenience of the City to amend Ordinance No 11089, so that Grantee may own, operate and maintain its cable television franchise in a specifically designated area of the City not covered by Ordinance No. 11089 or the Franchise Agreement, and so that other public interests may be addressed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That Section 1.A.(1) of Ordinance No. 11089 shall be amended to read as follows. The City of Fort Worth ("City") does hereby grant to North Texas Cablevision, Ltd. d/b/a North Texas Cable Comm ("Grantee") a franchise to own, operate and maintain a cable communication system ("System"), with all necessary facilities, in and under the surface of the streets and public property in the City shown on the maps of Exhibit "A" and Exhibit "A" Supplement No 1, both of which are attached hereto and incorporated herein by reference for all purposes. Exhibit "A" and Exhibit "A" Supplement No 1 are both attached to this ordinance and incorporated herein by reference for all purposes. 2. That the definition of "Cable Communication System" or "System" set forth m Section 2 of Ordinance No 11089 and appearing throughout Ordinance No. 11089 shall be amended to read as follows. "Cable Communication System" or "System" shall have the same meaning as that provided for the term "cable system" by the Cable Communications Policy Act of 1984 at U.S C. § 522(7), as amended. 3. As a condition precedent to the effectiveness of this ordinance, Grantee shall execute an Acceptance Agreement m the form attached hereto as Exhibit "B" and incorporated herein by reference for all purposes. 4. To the extent that this ordinance modifies Ordinance No 11089 or the Franchise Agreement, Ordinance No 11089 and the Franchise Agreement are hereby amended. Except as hereby amended, the provisions of Ordinance No 11089 shall remain unchanged and in full force and effect. 5. If any provision of this ordinance shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not m any way be affected or impaired. 6. The City Secretary of the City of Fort Worth is hereby directed to publish this ordinance in its entirety once a week for four (4) consecutive weeks within a period of thirty (30) days following its passage in the official newspaper of the City, as required by Section 2 of Chapter XXV of the City Charter of the City of Fort Worth, Texas. Grantee shall be responsible for the full cost of such publication. 7. This ordinance shall be m full force and effect from and after its passage, publication and written acceptance by Grantee and Fanch Communications, Inc. as specified herein, and it is so ordained. 2 APPROVED AS TO FORM AND LEGALITY Assistant City Att ey Date. 2-1Z-9~ l'-1¢'C C-1S89S ADOPTED• ~-~ I EFFECTIVE. ~ ~3 `7 ACCEPTANCE: Grantee, North Texas Cablevision, Ltd. d/b/a North Texas CableComm, hereby accepts all terms and conditions of this ordinance. 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M f r M ~ ~ H .- «' / f w f ~ 7 SI W ~ ; ,. ~ II , ~- - • ~~ • +t -- I• ~f .~ ., - ~_~ ~ ii ~ ••- T a "A" Pale 5 of 7 l / 7j 3 ~; _~ ~ ~.. -r ~~~ r~ ;!i .•, ~ ~~~ ~ .I • +a s• I -... -+. ~ ri -~ .__ - ._ _.----- .~ _-----w»~ _..~._ ~~i .J .. \_ ~'_ \~ .. ~- ~ ' r _ ~,`' ;' :~ ~~ .~. , Irr lit `~ y- I~i~ i. .~ a l r -- ,i ..-_ c~ ~. ~h :~ h ~. r• , a ~ Exhibit "A" Page 6 of '7' ' '~ .:;;;. ~ ~ - .~ ~~ ? ~ s ~ / 0 ~ // ~ --- - !J 7 ~ + ~ ° i i'' ~ 1 1 1 ' ~ A , o ~. ~ , 1 ,,~ \ ~ o ~~ ~ o ! o -~ ~ M \ / .~ I~ • J~ r~ ,'' ,1 n ~ i r ~ ' s~ w ~C5( _ ~ J~~ -. s" " ~ C! .~~/ t'~+.tt.ow ~~ ~ t~ ~* 7'•~tp'tN't ~• 7: pA ~~/ ~• .'•, ~ ~ ~ ~~ < ,~ , •:: d i • ~ ~> ~ 1. N_ .n }`1 .J ~ a .~. ~ t ~ f i~ ~~ ~ -•_ is Exhibit "A" Page 7 of 7 r _. 1 ~- 4 a Y .• -' ~ .. ~ ~r •• ~•i. ~• 10/16/96 10 06 $817 871 6190 CABLE OFFICE ~ 002/002 19/15/1996 10:30 tit /5l:i/bG7 „"~ " "` _ i Y n .~1 , . ~ ~_ 'ti; ~, ,~ : ~ ~ ~ fir'' ~;.. a 1~, .?I 1 ~. a ~ >:~ d .:~~, ~~ . T 1.F ~~.. i ~~ A' ~ O - r2 !j'1 M~ t~, cry i~.y -~ M 1'~. ~~+ ,'~ , 1 b ~~ A ~~ .; ~ ' ~; ~:,t;,~,;;; ~ O 3 LUG ~ ~ .~ _..,, , . = ''-',ti'-' ~ Ali r" ; ~ ~• '~ ~ .. ~ V r 's ~" l ~ emirs . ;~,, ; m ..~, ~ ~ SISR F I AE tiORY t .a ~ d ~ -~ s~,~,, •~ .` ~' .~ ~:• t~ ~. •_> ` ,~~,.; ~Qy,~l V 'o o c ~^ ~~ .q ~ ~ "?~ ~', r ~'~Iil~i :", w <: ~~a ~~~ ~~~ na o~* ~ ; ~ r3 0193 ,_~ •~•~: ti 3- _ ~ ~" j" .~r' ~ '~ F~ J corn'~Nu~a oN nnAQ ab EXHIBIT "A" Supplement 1 EXHIBIT "B" AMENDMENT NO.1 TO FRANCHISE AGREEMENT CITY SECRETARY CONTRACT NO.19090 AGREEMENT OF ACCEPTANCE OF TERMS AND CONDITIONS TO AMENDMENT OF ORDINANCE NO.11089 This AMENDMENT NO. 1 TO FRANCHISE AGREEMENT, CITY SECRETARY CONTRACT NO. 19090 ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation situated in Tarrant, Denton and Johnson Counties, Texas acting by and through Ramon Guajardo, its duly authorized Assistant City Manager, and NORTH TEXAS CABLEVISION, LTD. d/b!a NORTH TEXAS CABLECOMM ("Grantee"), a Texas lirnited partnership whose general partner is Fanch Communications, Inc., a Colorado corporation acting by and through Peter Locke, its duly authorized Vice President. Fanch Communications, Inc. joins this Agreement for the purpose of guaranteeing Grantee's performance under this Agreement, Ordinance No 11089, as amended, and City Secretary Contract No 19090 WHEREAS, the City of Fort Worth (the "City") previously granted a limited franchise ("Franchise") for the operation of a cable communication system to Grantee under Ordinance No 11089 in a designated area of the Crty specified by Ordinance No 11089; and WHEREAS, Grantee accepted the rights and obligations of such Franchise under City Secretary Contract No. 19090 ("'Franchise Agreement"), and WHEREAS, Grantee has for at least the last twelve months been operating its cable communication system in an area of the City not authorized by Ordinance No 11089 or the Franchise Agreement; and WHEREAS, on , 1997, the City Council adopted Ordinance No. , thereby amending Ordinance No 11089, so that Grantee may own, operate and maintain its cable television franchise in accordance with Exhibit "A" and Exhibit "A" Supplement No 1 of such Ordinance, as amended, and for other purposes in the public interest; and WHEREAS, on , 1997, Grantee accepted in writing the terms and conditions of Ordinance No ,and WHEREAS, Grantee and the City mutually feel that it is in their best interests and in the best interest of and consistent with the public necessity and convenience of the City to amend the Franchise Agreement in accordance with Ordinance No. 11089, as amended, NOW, THEREFORE, THE CITY AND GRANTEE AGREE AS FOLLOWS: Exhibit "B" Page 1 1. AMENDMENT OF SECTION 1.A.(1). Section 1.A.(1) of the Franchise Agreement shall be amended to read as follows. The purpose of this contract is to effectuate the terms of Ordinance No 11089, as amended, to grant to North Texas Cablevision, Ltd. d!b/a North Texas CableComm ("Grantee") a franchise to own, operate and maintain a cable communication system ("System"), with X11 necessary facilities, in and under the surface of the streets and public property in the City of Fort Worth ("City") shown on the map of Exhibit "A" and Exhibit "A" Supplement No 1, both of which are attached hereto and incorporated herein by reference for all purposes. Exhibit "A" and Exhibit "A" Supplement No 1 are both attached to this Agreement and incorporated herein by reference far all purposes. 2. AMENDMENT TO SECTION 2. The definition of "Cable Communication System" or "System" set forth in Section 2 of the Franchise Agreement and appearing throughout the Franchise Agreement shall be amended to read as follows. "Cable Communication System" or "System" shall have the same meaning as that provided for the term "cable system" by the Cable Communications Policy Act of 1984 at U.5 C. § 522(7), as amended. 3. BACK-PAYMENT OF FRANCHISE FEES Grantee agrees that within thirty (30) days following the execution date of this Agreement, Grantee shall pay franchise fees, in accordance wrth Section 3 of Ordinance No. 11089, as amended, and Section 3 of the Franchise Agreement, for the area shown on Exhibit "A" Supplement No 1, from and including the 4th Quarter 1995 and each quarter thereafter 4. FRANCHISE REQUIREMENTS. 4.1. Grantee will not allow any Telecommunicarions Entity, as defined herein, other than Grantee, to use or lease its facilities in the City subject to this Agreement or capacity thereon, provided, however, that Grantee may allow an affiliate entity to use or lease such facilities provided that the City receives written notice not less than thirty (30) days m advance of such an arrangement. For purposes of this Agreement, Telecommunications Entity" shall mean any entity subject to the jurisdiction of or regulated by the FCC or the Texas Public Utility Commission, or their successors, including, but not limited to, telephone, alternative access and cable companies. ' 4.2. As of the execution date of this Agreement, Grantee specifically covenants and represents to the City that it does not have any existing agreements wrth any Telecommunications Entity regarding m any way its System or System facilities subject to Ordinance No: 11089, as amended, or this Agreement. Grantee agrees to provide the City with any and all documents relating to the foregoing as the City may reasonably request, including, but not limited to, copies of the agreements themselves. Exhibit "S" Page 2 4.3. Grantee acknowledges that neither Ordinance No 11089, as amended, nor the Franchise Agreement allow for the provision of Telecommunications Services, as defined herein, and that Grantee is not entitled to provide such services within the City or to make rts wires available to others for that purpose until and unless it first applies for and is granted a franchise for such services from the City For purposes of this Agreement, "Telecommunications Services" shall mean conventional telephone service, including, but not limited to, switched local exchange service and non-switched services, such as alternative access service which connects user locations and connects users to long distance companies. 5. MAPPING SYSTEM. Grantee will provide all information necessary to place the location of rts cable communication system on the City's mapping system and shall notify and receive advance written approval from the Crty's Director of Information Systems and Services of any plans for construction or additions to such cable communication system prior to the initiation of any construction or additions. 6. NOTICES. Section 21 of the Franchise Agreement shall be amended to substitute the following addresses for the City CITY OF FORT WORTH CABLE COMMUNICATIONS OFFICE ATTN ADMINISTRATOR 401 W 2ND ST FORT WORTH TX 76102 with a copy to• CITY OF FORT WORTH DEPT OF LAW ATTN PETER VAKY 1000 THROCKMORTON FORT WORTH TX 76102 7. SAVINGS CLAUSE. All terms and conditions of Ordinance No 11089, as amended, and the Franchise Agreement not expressly amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples Exhibit "B" Page 3 this day of , 1997 CITY OF FORT WORTH. NORTH TEXAS CABLEVISION, LTD dlbla NORTH TEXAS CABLECOMM By FANCH COMMUNICATIONS, INC. .Its General Partner By By• Peter Locke Vice President ATTEST By• Assistant City Manager ATTEST By City Secretary APPROVED AS TO FORM AND LEGALITY Assistant City Attorney Date: Fanch Communications, Inc. hereby unconditionally guarantees performance of the obligations of Grantee under the Franchise Agreement, as hereby amended, and Ordinance No. 11089, as amended. FANCH COMMUNICATIONS, INC. ATTEST By• Peter Locke Vice President By• Exhibit "B" Page 4 City of Fort Worth, Texas Mayor and Council Communication DATE 02/1 1197 REFERENCE NUMBER C- 15895 LOG NAME 02CABLE PAGE 1 of 1 SUBJECT AMENDMENT TO ORDINANCE NO 11089 AND PURCHASE AGREEMENT, CITY SECRETARY CONTRACT NO 19090, REGARDING LIMITED CABLE TELEVISION FRANCHISE FOR NORTH TEXAS CABLEVISION D/B/A NORTH TEXAS CABLECOMM RECOMMENDATION It is recommended that the City Council 1 Adopt the attached amendment to Ordinance No 1 1089 granting a limited cable television franchise in a specifically designated area of the City not covered by Ordinance No 1 1089 2 Authorize the City Manager to execute amendment No 1 to City Secretary Contract No 19090 DISCUSSION In March 1992, City Council approved a 10 year limited franchise with North Texas Cablevision to provide cable service to Fort Worth residents who live on Lake Worth Specifically the franchise granted that Fort Worth residents receive cable off the system received by residents of Lakeside Fort Worth residents who live on Lake Worth live in ineighborhoods that do not meet the density requirements in the Marcus Cable franchise In order for these citizens to have cable, staff has worked with smaller systems such as North Texas Cablevision to provide that access The amendment to the franchise would include those Fort Worth residents who live on Love Circle in Fort Worth FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that this action has no material impact on the City's finances This action generates approximately 5200 00 in cable franchise fees annually The Cable Office wi{I be responsible for the collection and deposit of this revenue BT f Submitted for City \4anager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARI Office by: (to) FE72 421362 002500100000 $200 00 gppROVED Bob Terrell 6] 16 ~'~ Originating Department Heacl: ~/~ e ~ ~~~~ Pat Svacina 6415 (from) FEB ~ 1 ~'~97 For Additional Information ~ ~ Contact CEtY of FOrt lVort~It, T®zad Sue Winer 6119 Adapted Ordinance iVo. ~~a.S Printed on Recycled Paper