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HomeMy Public PortalAboutOrdinance No. 666-92 06-09-1992 • ORDINANCE NO. 6 6 6 AN ORDINANCE EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE GRANTED TO SAMMONS COMMUNICATIONS, INC. AND APPROVING A FRANCHISE FEE OF FIVE PERCENT (5%); PROVIDING FOR THE UPGRADING AND REBUILDING OF THE CABLE TELEVISION SYSTEM; PROVIDING FOR FREE CABLE SERVICE TO ALL CITY BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Richland Hills, Texas, on March 19, 1979, adopted Ordinance No. 420, effective May 7, 1979, whereby Tarrant Cable Communications, Inc., was granted a franchise for a term of fifteen (15) years to erect, maintain and operate a community antenna television system in the City of Richland Hills, Texas; and, WHEREAS, on September 6, 1983, the City Council by passage of Resolution No. 11-83 approved the transfer of said franchise agreement to Storer Cable TV of Texas, Inc., for the remainder of the franchise period; and • WHEREAS, the City Council on September 10, 1984, approved the transfer and assignment of said franchise agreement to Sammons Communications, Inc. for the remainder of the franchise period; and WHEREAS, it is the desire of the City of Richland Hills and Sammons Communications, Inc., to extend the term of the franchise granted pursuant to Ordinance No. 420 for a period of twelve (12) years commencing thirty (30) days after final passage of this Ordinance, WHEREAS, as a condition of this franchise extension, Sammons Communications, Inc., agrees to upgrade and rebuild the cable television system provided herein and further agrees to pay the City of Richland Hills a franchise fee of five percent (5%) of the gross receipts as defined and provided in Ordinance No. 420, as amended; and WHEREAS, the City Council of the City of Richland Hills, Texas hereby finds and determines from all of the evidence that the extension of Ordinance No. 420 is necessary, proper, appropriate and in the best interest of the City of Richland Hills, Texas; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: • ORDINANCE NO. 6 6 6 PAGE 1 • I. The City of Richland Hills hereby extends the term of the cable television franchise granted to Sammons Communications, Inc. pursuant to Ordinance No. 420, as amended, for a term and period of twelve (12) years commencing thirty (30) days after final passage of this Ordinance. II. In consideration of such extension, Sammons Communications, Inc. shall pay to the City of Richland Hills a franchise fee in the amount of five percent (5%) of the gross receipts received from Sammons' operations within the City of Richland Hills, and shall upgrade or rebuild the cable television system serving the City for 450 megahertz capacity within twenty-four (24) months of the effective date of this Ordinance. III. In further consideration of such extension, Sammons Communications, Inc. shall provide, without charge, basic cable service to all public buildings within the City. In particular, and without limiting the generality of the foregoing, Sammons shall provide two (2) outlets carrying basic cable services in the City Hall Administration Building and at least one (1) outlet providing basic cable service in all other city offices and administrative buildings, including but not limited to the fire station, the police station, the public library, the public works facilities, and all other • facilities now owned or hereafter acquired by the City of Richland Hills, Texas. Sammons shall also provide at least one (1) outlet providing basic cable services to each public school building located within the City of Richland Hills. In addition, Sammons shall provide, without charge, two (2) premium channels on the outlet provided in the fire station. 1V. Except for those provisions which conflict with the terms of this renewal Ordinance, the remaining terms and conditions of Ordinance No. 420, as amended, shall remain in full force and effect. v. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. VI. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or • ORDINANCE NO. 6 ~ 6 PAGE 2 decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. VII. This ordinance shall be in full force and effect thirty (30) days from and after its final passage, and it is so ordained.. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Richland Hills City Council on the 9th day of June 1992; GIVEN SECOND READING AND APPROVED at a regular meeting of the Richland Hills Cit Council on the 9th day of June 1992 by a vote of 5 ayes, ~ nays, and ~ abstentions. APPROVED: C. F. Kelley, Ma ATTEST: • auline Kempe, City Secretary APP VED AS TO FORM: C~.c- Paul F. Wiene ie, City Attorney 101 MLIB/bh/052192 • ORDINANCE NO. PAGE 3