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:
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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
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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
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