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Home My WebLink AboutOrdinance No. 98-38 , • ` ,.�.. .�., • � , . ' . � • . ` ORDINANCE NO. 98-38 i ( E AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ``� ORDINANCE NO. 98-30, ADOPTED ON NOVEMBER 2, 1998, AND BEING � AN ORDINANCE PROVIDING FOR THE TRANSFER OF THE FRIENDSWOOD, TEXAS, CABLE TELEVISION FRANCHISE FROM TCI TKR OF HOUSTON, INC., TO TEXAS CABLE PART'NERS, L. P, , BY STRIKING ALL OF PARAGRAPH (g) OF SECTION 3 OF SAID ORDINANCE AND SUBSTITUTING THEREFOR A NEW PARAGRAPH (g); BY RENUMBERING PARAGRAPH (i) OF SE(:TION 3 OF SAID ORDINANCE TO PARAGRAPH (j); BY ADDING A NEW PARAGRAPH (i) TO SECTION 3 OF SAID ORDINANCE; BY STRIKING ALL OF SECTION 4 OF SAID ORDINANCE AND SUBSTITUTING THEREFOR A NEW SECTION 4; BY STRIKING ALL OF SECTION 5 OF SAID ORDINANCE AND SUBSTITUTING THEREFOR A NEW SECTION 5; REQUIRING PRIOR WRITTEN NOTICE TO THE CITY OF THE 1NTENT OF THE PARTNERSHIP ENTITIES TO INCLUDE THE CITY WITHIN THE PROVISIONS OF THE SOCIAL CONTRACT FOR TIME WARNER CABLE; RETAINING THE CITY'S AUTHORITY TO REGULATE CABLE EQUIPMENT RATES; REQUIRING THE PAR'TNERSHIP'S AGREEMENT TO PROVIDE CERTAIN SERVICES TO THE CITY AND SUBSCRIBERS AND TO COMPLY WITH CERTAIN PERFORMANCE-RELATED STANDARDS ON OR BEFORE SPECIFIED DATES; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; AND PROVIDING FOR SEVERABILITY. �: * * * * * � * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That Ordinance No. 98-30, passed and approved the 2nd day of November, 1998, and being an ordinance providing for the transfer of the Friendswood, Texas, cable television franchise from TCI TKR of Houston, Inc., to Texas Cable Partners, L. P. is hereby amended by striking all of paragraph(g) of Section 3 thereof, which reads as follows: [g) The Partnership, or any entity acting by, through, or on behalf of the Partnership, shall not seek approval from the Federal Communications Commission ("FCC") to include the City within the provisions of that certain Social Contract for Time Warner, FCC Memorandum Opinion and Order No. 95- FWD/TCI-TEXAS CABLE.ORD3/11/13/98 . ' ,.,,, • • , _ . . , , .. , 478, adopted and released November 30, 1995, without first obtaining, in writing, a request by the City to be included under the provisions of said Social Contract. The Partnership expressly waives any rights or privileges under the said Social � Contract which are inconsistent or in conflict herewith;] � and substituting therefor the following: (�) The Partnership, or an�v actin�bv, throu�h, or on behalf of the Partnership (collectively the "Partnership Entities" , shall ive prior written notice to the City of its intent to seek approval from the Federal Communications Commission ("FCC"Z to include the Citv within the provisions of that certain Social Contract for Time Warner, FCC Memorandum Opinion and Order No. 95- 478, adopted and released November 30, 1995 (the "Social Contract" . Such notice shall be delivered to the Citv no less than fortv-five 45) da�prior to the Partnership Entities submittin�quest for approval to the FCC to include the Citv within the provisions of the Social Contract and shall inform the Citv of its right to submit comments or objections to the FCC. Anv request to the FCC bv the Partnership Entities to bring the Citv within the provisions of the Social Contract shall expressly include a request that the FCC not take action on such request for a period of thirtv (30) days to allow the City an opportunitv to file comments or objections. The request shall include a certification that the Citv was served a copy of the request. Unless otherwise directed by the Citv, an� requests for approval to include the Citv within the provisions of the Social Contract shall be conditioned on, and specificallv request, FCC consent for Section III.B. of the Social Contract to be inapplicable as to the Citv, thereby allowing the City to continue to exercise full re u� latory authoritv over cable equipment rates, to the extent permitted b�pplicable law. The Partnershi� Entities shall not enforce or exercise an� hg ts a�ainst the Citv, or be subject to an.�gations other than notice requirements to the Citv, under the provisions of the Social Contract unless and until the FCC issues an order including the City under the terms of the Social Contract and, unless otherwise directed bv the Citv, orderin� that Section III.B. of the Social Contract is inapplicable as to the City, therebv consenting to allow the Citv to continue to exercise full re u� latory authorit�over equipment rates as permitted by�a plicable law. Nothing contained in this para�raph or this Ordinance shall be construed as, or deemed to be, a waiver of the Cit '��ht to contest the applicabilitv of an�provision of the Social Contract as to the Citv and to contest the authoritv of the FCC, the Partnership, or the Partnership Entities to include the Citv under the provisions of said Social Contract, such ri ng t bein�pressly reserved: Section 2. That Ordinance No. 98-30 of the City of Friendswood, Texas, is hereby further amended by renumbering paragraph(i) of Section 3 thereof to paragraph (j). -2- FWD/TCI-TEXAS CABLE.ORD3/11/13/98 ` .._. ....e ' ' . Section 3. That Ordinance No. 98-30 of the City of Friendswood, Texas, is hereby further amended by adding a new paragraph(i)to Section 3 thereof to read as follows: (i) The Partnership shall provide the services and complv with the performance-related standards identified in the Franchise and in that certain letter from Time Warner Cable to the Citv attached hereto as E�ibit "A," and made a part hereof for all purposes, on or before the dates specified in said Exhibit"A." Section 4. That Ordinance No. 98-30 is hereby further amended by striking all of Section 4 thereof, which reads as follows: Section 4. This Ordinance shall be deemed effective for the purposes of the Transfer and the Change in Actual Working Control only upon the Closing of the Contribution Agreement and upon filing with the City Secretary a written statement within ten(10) days thereof, duly executed, in the following form: "To the Honorable Mayor and City Council of the City of Friendswood, Texas: For itself, its successors, and assigns, Texas Cable Partners, L. P., a Delaware limited partnership duly authorized to do business in the State of Texas, hereby accepts that certain Franchise Agreement dated March 20, 1995, and agrees to be bound by all of its terms, conditions, and provisions, subject to applicable federal, state, and local law, and further agrees to be bound by the terms, conditions, and provisions of City of Friendswood, Texas, Ordinance No. fthis Ordinance], passed, approved, and adopted on fdate of adoption of this Ordinance), 1998. TEXAS CABLE PART'NERS, L. P. By: Its: Dated this day of , 1998." Failure to provide the statement required by this Section shall mean that there is no consent granted for the Transfer or the Change in Actual Working Control. This Ordinance shall be deemed effective for the purpose of the TCI Change of Control only upon the closing of the AT&T Merger Agreement.] and substituting therefor the following: -3- FWD/TCI-7'EXAS CABLE.ORD3/11/13/98 � ,.., ..�. " ' Section 4. This Ordinance shall be deemed effective for the purposes of the Transfer and the Change in Actual Working Control onl�pon the Closing of the Contribution Agreement and upon filing with the City Secretary a written statement within ten(30)days thereof, dulv executed, in the followin form: "To the Honorable Mavor and CitY Council of the Citv of Friendswood. Texas: For itself, its successors, and assi�ns, Texas Cable Partners, L. P., a Delaware limited partnership dulv authorized to do business in the State of Texas, hereby accepts that certain Franchise Agreement dated March 20, 1995, and a�rees to be bound bv all of its terms, conditions, and provisions, subject to applicable federal, state, and local law, and further agrees to be bound bv the terms, conditions, and provisions of City of Friendswood, Texas, Ordinance No. 98-30, passed, a�proved, and adopted on November 2, 1998, and as amended by Ordinance No. (this Ordinance], passed, approved, and adopted on [date of adoption of this Ordinance], 1998. TEXAS CABLE PARTNERS, L. P. Bv: Its: Dated this dav of , 1998." Failure to provide the statement required bv this Section shall mean that there is no consent granted for the Transfer or the Chan�e in Actual Working Control. This Ordinance shall be deemed effective for the purpose of the TCI Chan� Control onlv upon the closing of the AT&T Mer eg r A�reement. Section 5. That Ordinance No. 98-30 of the City of Friendswood, Texas, is hereby further amended by striking all of Section 5 thereof, which reads as follows: Section 5. Notwithstanding any language in the Franchise nor this Ordinance to the contrary, the City's consent to the Transfer of the Franchise, the Change in Actual Warking control, and the TCI Change of control, all as provided herein, shall not be deemed to expand the rights and privileges specified in the Franchise to include the right and privilege to provide basic local telecommunications service or local exchange telephone service, as such terms are defined by § 51.002 of the Texas Utilities Code (the Texas Public Utility -4- FWD/TCI-TEXAS CABLE.ORD3/I1/13/98 � � ' • Regulatory Act), within the City, without having first obtained a separate franchise from the City to provide such service.] and substituting therefor the following: Section 5. Notwithstanding anv language in the Franchise nor this Ordinance to the contrarv, unless the lan�ua�e in the Franchise specificall�d unambi ug ousl�provides otherwise, the City's consent to the Transfer of the Franchise, the Change in Actual Workin� control, and the TCI Chan�e of control, all as provided herein, shall not be deemed to expand the rights and privile�es specified in the Franchise to include the ri h�privile�provide basic local telecommunications service or local exchan e� telephone service, as such terms are defined b�,§ 51.002 of the Texas Utilities Code (the Texas Public Utility Re ug latory Act), within the Citv, without having first obtained a separate franchise from the Cit��to provide such service. Section 6. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. PASSED AND APPROVED on first reading this 16t1, day of Nov�n�ber , 1998. PASSED, APPROVED, and ADOPTED on second and final reading this 7th day of ��r , 1998. Harold L. Whitaker Mayor -5- FWD/TCI-TEXAS CABLE.ORD3/11/13/98 �»�.. ' • , , . - , ATTEST: . Deloris McKenzie, T C City Secretary -6- FWD/TCI-TEXAS CABLE.ORD3/11/13/98