O-1315-2-95ORDINANCE NO. 1315-2-95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING ORDINANCE NO. 291; PROVIDING ,FOR THE
EXTENSION OF THE TERM OF THE FRANCHISE GRANTED TO MEDIA
SYSTEMS, INC.; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 3, 1978, the City of Allen, Texas ("City") passed and approved Ordinance No. 247
and thereby granted to Cablevision of Allen, its successors and assigns a franchise ("Franchise") to have,
acquire, construct, reconstruct, use, operate and maintain a cable system within the City in accordance with
the Franchise, as amended; and,
WHEREAS, on March 6, 1980, the City passed and approved Ordinance No. 291 which, among other
things, amended Ordinance No. 247 by extending the term of the Franchise to March 6, 1995; and,
WHEREAS, on July 7, 1983, the City passed and approved Resolution No. 445-7-83, which approved the
assignment of the Franchise to Communications Services, Inc. ("Franchisee"); and,
WHEREAS, the City and the Franchisee as engaged in negotiations relating to the renewal of the Franchise;
and,
WHEREAS, the current Franchise is scheduled to end on or about March 6, 1995; and,
WHEREAS, additional time is needed to complete negotiations; and,
WHEREAS, the City Charter, Section 8.04(c), requires that any Franchise Agreement must be "in force"
at three regular meetings of the City Council;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS THAT:
SECTION 1: The Franchise, which is scheduled to expire on or about March 6, 1995, is hereby extended
from that date until July 20, 1995 (the "Extension Period").
SECTION 2: During the Extension Period all terms and conditions set forth in the Franchise shall continue
in full force and effect.
SECTION 3: The extension provided for in this Ordinance shall be without prejudice to any rights of either
the City or of the Franchisee under the Franchise or the Cable Communications Policy Act of 1984, as
amended ("Cable Act"). Similarly, the extension will not be read to give the Franchisee any additional rights
under the Franchise or the Cable Act or to require the City to reconduct hearing or any other actions properly
taken in connection with any renewal proceedings under the Franchise. No claim that either the City or the
Franchisee may have against the other shall be released or otherwise affected by this Ordinance.
SECTION 4: If any part, section, subsection or other portion of this Ordinance or any application thereof
to any person or circumstance is declared void, unconstitutional or invalid for any reason, such part, section,
subsection, or other portion, or prescribed application thereof, shall be severable, and the remaining
provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or
invalid, shall remain in full force and effect.
SECTION 5: The Franchisee shall file its written acceptance of this Ordinance within ten (10) days of its
passage and approval by said City.
PRESENTED AND GIVEN FIRST READING ON THE 2ND DAY OF FEBRUARY, 1995 AT THE
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS.
APPROVED:
GAP
Jot Farmer, MAYOR
ATTEST:
dy Mo ' on, CMC, CITY SECRETARY
PRESENTED AND GIVEN SECOND READING PASSED AND APPROVED ON THE 16TH DAY OF
FEBRUARY. 1995 AT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS.
APPROVED:
Joe Farmer, MAYOR
ATTEST:
J y Mo on, CMC, CITY SECRETARY
PRESENTED AND GIVEN THIRD READING PASSED AND APPROVED ON THE 2ND DAY OF
MARCH, 1995 AT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN-COUNTY, TEXAS.
APPROVED:
oe Farmer, MAYOR
ATTEST:
-'2
J y Mor on, CMC, CITY SECRETARY
Ordinance No. 1315-2-95 Page 2
TO CENTRAL, INC.
March 16, 1995
City of Allen
One Butler Circle
Allen, Texas 75002-2773
1
RE: Ordinance No. 1315-2-95
Dear Ladies and Gentlemen:
'e're taking television
n to tomorrow.
The undersigned, Communications Services, Inc., does hereby accept the franchise term
extension through July 20, 1995, pursuant to Ordinance No. 1315-2-95, passed and adopted
March 2, 1995, and does hereby agree that it will continue to comply with and abide by all of the
provisions, terms, and conditions of the franchise pursuant to Ordinance No. 247, passed and
approved August 3, 1978, as amended, subject to applicable federal, state and local law.
Very truly yours,
COM UNICATIONS SERVICES, INC.
) J U -
Tom Van Bockern
Vice President
4700 South SyracuSe Scree;
Suite 1100
Denver, Colorado 80237-2722
(303) 267-4200
FAX (303) 267-4299
An Equal Opportunity Emplover
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1315-2-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
March 8, 1995 & March 11, 1995
and which was issued on
March 8, 1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said pub' 'on is attached hereto.
SUBSCED AND WORN to before me this
day , A.D.119 9j—
' V. A. TODD NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
MY COMMISSION EXPIRES
December 5, 1996
` e s20.26
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
March 2, 1995 (Title only):
Ordinance No. 1315-2-95: An Ordi-
nance of the City of Allen, Collin County,
Texas, Amending Ordinance No. 291; Pro-
viding for the Extension of the Term of the
Franchise Granted to Media Systems, Inc ;
and Providing for an Effective Date.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Texas
75002-2773.
/s/ Judy Morrison
City Secretary _
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
i March 2, 1995 (Title only):
Ordinance No. 1315-2 95: An Ordi
` nance of the City of Allen, Collin County,
Amending
ro-
v di g for the Extension ns on of the Termnance No.lothe
Franchise Granted to Media Systems, Inc ,
and Providing for an Effective Date
A copy of this ordinance may be read or
} purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Texas
75002-2773.
? /s/ Judy Morrison
City Secretary