HomeMy WebLinkAboutOrd 1822 - cable and video services
Ordinance No~ 1822
AN ORDINANCE RELATING TO CABLE AND VIDEO SERVICES; AMENDING
THE CODE OF ORDINANCES; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, beginning September 1,2005, pursuant to Chapter 66 of the Texas
Utility Code C'Chapter 66"), the Public Utility Commission of Texas C'PUCT") may grant
a state-issued certificate of franchise authority to provide cable services and video
seNices in Texas; and
WHEREAS~ Section 66.013 of Chapter 66 provides that a municipality may: (0
require a holder of a state-issued certificate of franchise authority that provides cable
services and video services within the municipality to register with the municipality and
provide contact information, and (ii) establish reasonable guidelines regarding the use
of public, educational and governmental access channels;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 23 of the Code of Ordinances of the City of West University
Place, Texas is amended by adding a new Section 23.137, as set out in Appendix A,
attached~
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only~
Section 3~ If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour} place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended) and that each such meeting
has been open to the public as required by law at all. times during such discussion]
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance takes effect on the tenth day following its publication,
as provided in the City Charter.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON FIRST READING on
2006.
PASSED, PPROVED AND ADOPTED ON SECOND READING, AND
SIGNED, on ~, ~b .
/ ouncilm bers Voting Aye:
ouncifmembers Voting No:
Councilmembers Absent:
Signed:
Recommended:
Approved as to legal form:
City Attorney
CO 0 ES\u pdates to 2003ed\54 0 cable registration
Appendix A
(New Section 23.137, Code of Ordinances)
Section 23.137. State-issued certificates of franchise authority.
(a) Application~ Tllis section applies to eacll holder ("holder") of a state-issu.ed
certi.ficate of franchise autllority (issued by the Public Utility Commission, "pue," lID.def
Chapter 66, Texas .Utilities Code, "Cllapter 66") providing (or .proposing to :provide)
cable service or vid.eo service within the City~
(b) Registrations~ It shall be the duty of each holder to Inaintain a current
registration on file with the City Manager. The initial registration shall be filed within 15
days following the issuance of the holder's certificate offrallchise autllority, and
sllbseq.uent forms shall be filed within 15 days followitlg tIle date that any information in
the then-CUITent form changes, expires or becomes untrlle or incomplete. Registratio.ns
must on a form provided by the City Manger and must be signed on behalf of the .holder~
Each for.m shall include: (i) name of the holder, (ii) primary .place of business, (ii) Texas
address, if different, (iii) telephone numbers, inclu,ding toll-free number for subscribers,
(iv) fax and email addresses, (v) pue data, il1cluding certificate or docket number, date
issued, etc~, and (vi) acknowledgments of the holder's responsibilities under this section
as well as Chapter 66.
(c) PEG Guidelines~ Until cllanged .by tIle City Council, tIle gllidelines for the
use of public, educational al1d govel11ll1ental channels sllall be the same as those observed
alld followed in the City on Septenlber 1, 2005~