G-98-10-22-9A1 - 10/22/1998ORDINANCE NO. - 9s- 9R 1
AN ORDINANCE EXTENDING A CABLE TELEVISION FRANCHISE
WITH TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE
PARTNERSHIP TO PROVIDE CABLE TELEVISION SERVICE IN THE
CITY OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, Ordinance No. 501 of the City of Round Rock, Texas
(City) granted a Franchise Agreement to Stokes Cable Co., Inc. to
provide cable television service, and
WHEREAS, Time Warner Entertainment-Advance/Newhouse
Partnership (TWE-A/N) is successor in interest to that Franchise
with the City, and
WHEREAS, Ordinance No. 2594 extended the term of the
Franchise to expire on July 14, 2002, and
WHEREAS, the parties wish to extend the term of the Franchise
for an additional two (2) years from the current expiration date of
July 14, 2002, i.e. until July 14, 2004, and
WHEREAS, the parties expressly reserve all rights they may
have under local, State and federal law including the Cable
Communications Policy Act of 1984, as amended, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the parties agree as follows:
1. The term of the Franchise shall be extended for an
additional period of two (2) years until July 14, 2004 on
the same terms and conditions as set forth in Ordinance
No. 501 except as noted in paragraphs 2 and 3 below.
K:\WPDOCS\ORDINANC\081008A1.WPD/scg
2. TWE-A/N shall, as of the date of this ordinance, make one
channel available to the City for non-commercial
government access programming concerning local government
activities which shall operate in accordance with
applicable state and federal law.
3. The definition of "Gross subscriber revenues" contained
in Section 5 of Ordinance No. 2594 shall be amended to
read in its entirety as follows: "Gross subscriber
revenues" shall include any and all compensation or
receipts derived by Grantee from subscribers within the
City from recurring monthly service charges in connection
with (i) the transmission of audio and video cable
service to subscribers including the retransmission of
broadcast signals, programming supplied on a per channel
charge basis, music services and cable on-line services,
(ii) additional outlets, (iii) program guides, and (iv)
converter rental, but shall not include revenue from
other "ancillary" or "auxiliary" services, which include,
but are not limited to, advertising, leased channels,
programming supplied on a per program basis, installation
fees, late charges, and commissions derived from home
shopping channels, and shall not include any refunds or
credits made to subscribers or any sales tax imposed on
the services furnished by Grantee.
H.
A. All ordinances, parts of ordinances, or resolutions
in conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
2.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 1998.
Alternative 2.
READ and APPROVED on first reading this the day of
CA-liefr&A)
, 1998.
READ, APPROVED and ADOPTED on second reading this the
Zr)61
day of ()
ATTEST:
E LAND, City Secretary
, 1998.
' it% y„
CHARLES CULPF ER, Mayor
City of Round Rock, Texas
3.
DATE: October 16, 1998
SUBJECT: City Council Meeting — October 22, 1998
ITEM: 9.A.1. Consider an ordinance approving the extension of the Time Warner
Entertainment Company Franchise. (Second Reading) This ordinance
extends the franchise agreement with Time Warner to the year 2004. This
allows Time Warner to introduce a new service and amortize the capital
cost over the term of the extended franchise agreement. The first reading
of the ordinance was approved on October 8, 1998. Staff Resource Person:
Bob Bennett, City Manager.