HomeMy WebLinkAbout1988-1761 - Ordinance - 06/09/1988ORDINANCE NO. 1761
AN ORDINANCE AMENDING SECTIONS 3, 7, AND 15 OF ORDINANCE NO. 1546
WHICH GRANTED TO McCAW BCS COMMUNICATIONS, INC., ITS SUCCESSORS
AND ASSIGNS, A FRANCHISE AND PRIVILEGE TO BUILD, USE, MAINTAIN
AND OPERATE A SYSTEM FOR THE PURPOSE OF RECEIVING, AMPLIFYING AND
DISTRIBUTING TELEVISION AND RADIO SIGNALS IN THE CITY OF COLLEGE
STATION, BRAZOS COUNTY, TEXAS, AND GRANTING THE RIGHT AND OTHER
PRIVILEGES TO OPERATE AND MAINTAIN SAME UNDER AND OVER THE
STREETS, ALLEYS, PUBLIC WAYS IN SAID CITY FOR SAID PURPOSE, WHICH
AUTHORIZATION WAS TRANSFERRED TO COOKE CABLEVISION, INC. BY RES-
OLUTION NO. 02-12-87-08 DATED FEBRUARY 12, 1987. THIS ORDINANCE
HAS PASSED AFTER PUBLIC HEARING AND THE CITY COUNCIL HEREBY PRO-
VIDES AN EFFECTIVE DATE.
WHEREAS, on September 27, 1984, the City of College Station
granted a cable television franchise to McCaw BCS Communications,
Inc., under Ordinance No. 1546; and
WHEREAS, McCaw BCS Communications, Inc., has assigned its
contract to Cooke Cablevision, Inc., as authorized by City
Council Resolution No. 02-12-87-08 passed on February 12, 1987;
and
WHEREAS, Cooke Cablevision, Inc., and the City of College Station
desire to amend the original franchise agreement; and
WHEREAS, the City pursuant to the City of College Station Charter
has determined, following a public hearing of this matter and
reading of this franchise at two separate regular meetings of the
City Council, that it is in the public interest of the City of
College Station to amend Ordinance No. 1546 as herein stated:
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
The following sentence is added to the end of the first paragraph
of SECTION 3:
Company and City recognize the City's right to
review and/or fix rates of the Company are ex-
pressly limited to the right to review and/or
fix the monthly service rates charged for any
tier which includes the transmission of local
broadcast stations and the minimum equipment
necessary for reception of such channels. All
rate regulation has been superceded by the Ca-
ble Communications Policy Act of 1984.
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II.
SECTION 7 shall be deleted and replaced with the following:
Cooke Cablevision, Inc., has installed and
shall maintain a properly grounded cable which
is capable of transmitting thirty-five (35)
television signals to all residents of the City
desiring service according to the Company's
line extension policies. The Company agrees
that the lowest price channel package available
to all subscribers shall include an NBC sta-
tion, a CBS station, an ABC station, and a PBS
station, provided the stations continue to
transmit off the air broadcast signals of tech-
nical quality reasonably acceptable to Com-
pany.
The second sentence of SECTION 15 shall be deleted and replaced
with the following:
Gross revenues are defined as revenues from
monthly subscriber fees received for basic, ex-
panded basic, and premium pay service exclusive
of programming cost, actual bad debt write-off,
and governmental taxes and copyright fees im-
posed on services furnished by Company which
are collected by Company from the subscriber.
This ordinance shall go into effect immediately upon its final
passage presented. This ordinance was given this first reading
the 28th day of April , 1988 at a Regular
Council meeting of the City of College Station City Council, its
second reading on the 26th day of May , 1988,
and given its third reading when it was passed and approved on
the 9th day of June , 198 , by vote of 7 ayes and
0 nays at the Regular meeting of the City Council of the City
of College Station, Texas.
ATTEST:
n
aneer1espcity Secretary
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