HomeMy WebLinkAboutORD 1356 - ORD Amending ORD 1342 of West U ORD Granted to Warner Cable Cimmunications Inc
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'ORDINANCE NUMBER 1365
AN ORDINANCE AMENDING ORDINANCE NO. 1342 OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, WHICH ORDINANCE GRANTED A
FRANCHISE TO WARNER CABLE COMMUNICATIONS, INC.; AMENDING
SUCH FRANCHISE AND SPECIFYING A TIME WITHIN WHICH SUCH
FRANCHISE, AS AMENDED, MUST BE ACCEPTED; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council ("Counci 111) of the City of West
University Place, Texas (IICityll), by the final passage of Ordinance No.
1342 on May 22, 1989 (111989 Franchisell) granted a cable franchise to
Warner Cable Communications, Inc. (IIGranteell); and
WHEREAS, the Grantee did not accept the 1989 Franchise within the
allotted time; and
WHEREAS, the Council desires to amend the 1989 Franchise and make
other related provisions; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. Subsection IIAII of Section 13 of the 1989 Franchise is
hereby amended by adding the following at the end of said subsection
"AII:
In addition, Grantee shall assure that the replaced and
upgraded system will: (i) make available to the City
equipment and services that are equal to or better than those
made available to adjacent or contiguous areas outside the
City, and (ii) have two-way capability, including
bi-directional amplification equipment.
Section 2. The 1989 Franchise is hereby amended so that hereafter
the form for the Franchise Fee Payment Report shall be prescribed by
the City1s chief financial officer.
Section 3. Section 31 of the 1989 Franchise is amended to read in
its entirety as follows:
Section 31. PROCEDURE FOLLOWING CERTAIN VIOLATIONS
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A. No liquidated damages shall be imposed against
Grantee for any violation of the franchise without Grantee
being afforded due process of law as provided for below.
B. In the event that the City staff determines that
Grantee may have violated any material provision of the
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Ordinance Number 1365 153
franchise, the City staff may make a written demand on
Grantee that Grantee explain such a,lleged violation and
remedy it, ifit is'continuing in nature. If the matter is
not resolved to the satisfaction of the City staff, then the
staff shall arrange for the following procedures:
1. An informal administrative hearing shall be held by
the City Manager (or the City Manager1s designee)
to review the alleged violation. If this hearing
does not result in a resolution satisfactory to the
City staff and the Grantee, then the dissatisfied
party may request that the Council hold a public
hearing, and Grantee shall be provided with an
opportunity to be heard upon at least thirty days'
writt~n notice to Grantee of the time and the place
of the hearing and the allegation of franchise
violation. -
2. If, after the required notice and an opportunity
for Grantee to be heard at the public hearing, the
Council determines that such violation was
excusable, the Council shall direct Grantee to
correct or remedy the same within such a,dditional
time, in such manner and upon such terms and
conditions as arerequtred to remedy the
violation.
3. If, after the required notice and an opportunity
for, Grantee to be heard at the p~bljc hearing, the
Council determines .that such violation was
inexcusable, then the Council may impose liquidated
damages in accordance with Section 32.
Section 4. Subsection IIB" of Section 32 of the 1989 Franchise is
hereby amended to read in its enti rety as fo 11 ows:
B. Should Grantee fail to comply with any other
provision of this franchise, Grantee shall pay to the City
the 1 esser of the fo 11 owi ng: (;) $500 per, day for each day
that such failure exists or continues, or (ii) such reduced
amount as may be imposed by the Council following notice and
an opportunity for a public hearing as contemplated by
Secti on 31 of thi s franchi se. No such payment sha 11' be a
penalty, but shall instead be liquidated damages for the
inconvenience and disruption caused by the failure to comply
and as compensation to the City for costs of investigating
the failure and enforcing this franchise.
Section 5. As contemplated by Section 35 of the 1989 Franchise,
the City consents to the change in control of Grantee resulting from
the two-step merger whereby: (i) Time Inc. obtained 100 million shares
of the stock of Warner Communications Inc. (cons,ummated July 24, 1989)
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Ordinance Number 1365
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and changed the name to Time Warner Inc., and (ii) Warner
Communications Inc. merged with a wholly-owned subsidiary of Time
Warner Inc. (consummated January,10, 1990).
Section 6. Subsection IIAII of Section 38 of the 1989 Franchise is
amended by adding the following at the end of said subsection A:
Nothwithstanding the provisions set forth herein, Grantee
shall retain all rights to due 'process afforded Grantee by
applicable local, state and federal laws. Grantee approves
and actepts the various due process provisions in this
franchise, includihg those regarding notices and
opportunities for hearings.
Section 7. All references in the 1989 Franchise to the date of
passage or approval of the franchise, or to the date of adoption of the
franchise, or to the effective date of the franchise shall be construed
to refer to the corresponding dates of passage, approval, adoption or
effectiveness of this ordinance.
Sectipn'8. This ordinance takes effect on the thirtieth day
following the day that this ordinance is passed finally and approved,
provided that the Grantee accepts this ordinance and the 1989 Franchise
on or before such thirtieth day (or within any extended acceptance
period as may be approved by motion or resolution adopted by the
Council), in substantially the manner prescribed by Section 39 of the
1989 Franchise.
Section 9. The 1989 Franchise and this ordinance shall be read
together and construed as one integrated franchise. In case of any
conflict or inconsistency between them, this ordinance shall control.
Except as amended by this ordinance, the 1989 Franchise is ratified and
confirmed and shall continue in full force and effect, provided it is
accepted as prescribed above.
PASSED AND APPROVED ON FIRST READING this the
, 1990.
day of
Voting Aye:
Voting No.
Absent:
PASSED AND APPROVED ON SECOND READING this the
, 1990.
day of
Voting Aye:
Voting No:
Absent:
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Ordinance Number 1365
PASSED AND APPROVED ON THIRD AND FINAL READING this the
of , 1990.
day
Attest:
Voting Aye:
Voting No:
Absent:
Signed:
Laura C. Higley, Mayor
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(SEAL)
City Secretary
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Approved as to form:
" James L. Dougherty, Jr.,
City Attorney
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