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HomeMy WebLinkAboutOrd 1796 - extending a cable television franchise t ,.. ORDINANCE NO. 1796 AN ORDINANCE EXTENDING A CABLE TELEVISION FRANCHISE AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, by the adoption of Ordinance No. 1365 on May 22, 1989l as amended by Ordinance No. 1365J adopted March 12, 1990f the City of West University Place, Texas (City) granted a cable television franchise ("FranchiseU) to Time Warner Communications, Inc., its successors and assigns (HOriginal Grantee"); and WHEREAS, Texas and Kansas City Cable Partners, L.P~, d/b/a Time Warner Cable ('Current GranteeU) is an entity controlled by Time Warner, Inc. and is the successor of the Original Grantee; and WHEREAS~ the parties expressly reserve all rights they may have under local, state and federai law including the Cable Communications Act of 19841 as amended; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The term of the Franchise is extended from its expiration through January 31, 2006 (or such earlier date as a renewal franchise may take effect) with no change in the terms and conditions or number of educational access channels. Section 2. (a) All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. (b) If any word, phrase, clause, sentencet 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 t neither the remainder of this Ordinance, nor the application of such word} phrase1 clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. (c) 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 3. This Ordinance takes effect on the sixteenth day following its adoption1 but only if the Current Grantee files a written acceptance of this Ordinance with the City Secretary on or before that sixteenth day. PASSED, APPROVED AND ADOPTED ON FIRST READING on ~ ;/5, 2005. ~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSED, APR VED AND ADOPTED ON SECOND READING, AND ../'- SIGNED, on ~ ~ un Ifmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Recommended: Signed: