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HomeMy WebLinkAbout2006-2899 - Ordinance - 06/08/2006 ORDINANCE NO. 2899 AN ORDINANCE AMENDING ORDINANCE NO. 2682, THE CITY OF COLLEGE STATION'S CABLE TELEVISION FRANCHISE ORDINANCE; AMENDING SECTION 45(6) PERTAINING TO THE ASSIGNMENT OF THE FRANCHISE FROM COX SOUTHWEST HOLDINGS, L.P., TO CEBRIDGE ACQUISITION, L.P., TO BE COMPLETED BY SEPTEMBER I, 2006; ADDING A NEW SUBSECTION 48(7) PROVIDING FOR PAYMENTS TO THE CITY OF COLLEGE STATION BY THE CABLE OPERATOR OF FIFTY CENTS PER SUBSCRIBER ON JUNE 1,2006, AND ON JUNE I, 2007, TO BE USED FOR CAPITAL FACILITIES FOR EDUCATION OR GOVERNMENT CHANNELS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 13, 2006, the College Station City Council approved the assignment of the current cable television franchise subject to the terms and conditions set forth in Resolution No. 04-13-2006-12.11 and an Acceptance Agreement entered into by the City of College Station, College Station Utilities, Cox Southwest Holdings, L.P., and Cebridge Acquisition, L.P.; and WHEREAS, the Acceptance Agreement contemplated the two amendments to Ordinance No. 2682 as provided in this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT:. 1. Section 45(6) of Ordinance No. 2682 is amended to read as follows: "(6) As a condition of an assignment or transfer the proposed assignee or transferee shall execute an affidavit, acknowledging that it has read, understood, and intends to abide by this Franchise Ordinance, and that the assignee or transferee assumes all obligations and liabilities imposed by this Franchise Ordinance on the former franchisee. Cebridge Acquisition, L.P., shall be exempt from the preceding sentence if the Assignment of the Franchise Ordinance from Cox Southwest Holdings, L.P., to Cebridge Acquisition, L.P., is completed on or before September 1,2006. 2. Section 48 of Ordinance No. 2682 is amended by adding a subsection (7) to read as follows: "(7) Operator agrees to pay the City a cash payment of fifty (50) cents per Subscriber to be used for capital facilities for education or government Channels on June 1, 2006, and again on June 1. 2007. These amounts are not to be considered to be part of any franchise fee payment nor deducted from any franchise fee paid to the City. Operator agrees that the costs of these payments shall not be passed through to subscribers." ORDINANCE NO. 2899 Page 2 3. This ordinance, amending Ordinance No. 2682, shall take effect and be in full force and effect immediately upon adoption on third reading. ATTEST: APPROVED: ~ Connie Hooks, City Secretary ~'L' -' A L-~ Ron SI v', ayor APPROVED: r~~~~ce;M City Attorney Considered and approved on first reading on the 27th day of April, 2006. Considered and approved on second reading on the 25th day of Mav, 2006. Considered on third reading, approved and adopted on the 8th day of June, 2006. ORDINANCE NO. 2899 Page 3 ACCEPTANCE TO THE CITY OF COLLEGE STATION, TEXAS: That Cebridge Acquisition, L.P., hereby accepts Ordinance No. College Station City Council on the day of entitled as follows; adopted by the , 2006, and AN ORDINANCE AMENDING ORDINANCE NO. 2682, THE CITY OF COLLEGE STATION'S CABLE TELEVISION FRANCHISE ORDINANCE; AMENDING SECTION 45(6) PERTAINING TO THE ASSIGNMENT OF THE FRANCHISE FROM COX SOUTHWEST HOLDINGS, L.P., TO CEBRIDGE ACQUISITION, L.P., TO BE COMPLETED BY SEPTEMBER 1, 2006; ADDING A NEW SUBSECTION 48(7) PROVIDING FOR PAYMENTS TO THE CITY OF COLLEGE STATION BY THE CABLE OPERATOR OF FIFTY CENTS PER SUBSCRIBER ON JUNE 1,2006, AND ON JUNE I, 2007, TO BE USED FOR CAPITAL FACILITIES FOR EDUCATION OR GOVERNMENT CHANNELS; AND PROVIDING AN EFFECTIVE DATE CEBRIDGE ACQUISITION, L.P. By: Dale Bennett Signature: Title: Senior Vice President Date: