Ord 078-88 6/21/1988 ORDINANCE NO. 70 - Q
ORDINANCE AMENDING ORDINANCE 3305, CITED AS THE
"WICHITA FALLS CABLE TELEVISION ORDINANCE" TO
RELEASE VISTA CABLEVISION FROM ITS OBLIGATION TO
PROVIDE AN ACCESS-ONLY STUDIO AND EXTENDING THE
FRANCHISE TERM ONE YEAR IN RETURN FOR RAISING THE
FRANCHISE FEE PAID TO CITY FROM THREE ( 3%) PERCENT
TO FIVE ( 5%) PERCENT, AND PROVIDING FOR A FREE
CONNECTION TO THE STREET DEPARTMENT OFFICE FOR
PURPOSES OF WEATHER DETECTION.
WHEREAS, on the third day of April, 1978, the City Council
of the City of Wichita Falls, Texas, passed Ordinance No. 3305,
thereby granting to Vista Cablevision, Inc. , the right and
privilege to construct, operate and maintain a cable television
system within the City of Wichita Falls for a period of fifteen
( 15) years, ending the third day of Aprippll, 1993 ; and,
WHEREAS, pursuant to Section 14(, -) , paragraph 1 of said
ordinance, Vista Cablevision is required to establish a public
access-only studio at Midwestern State University and to donate
time, labor, training and equipment to insure meaningful
development of access uses; and,
WHEREAS, the public access-only studio has been discontinued
by Vista Cablevision, Inc. , due to lack of demand, as the public
prefers to use the main studio at 3225 Maurine Street for public
access programming; and,
WHEREAS, such discontinuance currently can result in
forfeiture of franchise pursuant to Sections 16, 17 and 30 of
Ordinance 3305; and,
WHEREAS, Section 29(b) of said ordinance provides that as
compensation for the franchise granted, and in consideration of
permission to use the streets of the City for the construction,
operation and maintenance of a cable system within the City,
Vista Cablevision, Inc. , shall pay to the City an amount equal to
three ( 3%) percent of grantee' s gross revenues from all sources
attributable to the operations of grantee in the City; and,
WHEREAS, Section 29(b) also provides that the franchise fee
is subject to renegotiation in the event that the permissible
limit is raised, which has indeed occurred; and,
WHEREAS, Vista Cablevision, Inc. , in the process of
renegotiation, has expressed a desire for the franchise term to
be extended for a one ( 1) year period which would result in the
franchise term ending on the third day of April, 1994; and,
WHEREAS, the City Council of the City of Wichita Falls,
Texas, finds that amendment of Ordinance 3305 to omit the
necessity of the public access-only station referred to above and
a one-year extension of the franchise term in exchange for and in
consideration of an increase in the franchise fee from three ( 3%)
percent to five ( 5%) percent, effective retroactively from
September 1, 1987, to the expiration of the franchise term, as
extended, and the installation of a cable connection to the
Street Department, is a fair and equitable solution which is in
the best interest of the City, and also finds that these changes
can be effected by the following amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
Ordinance 3305 is hereby modified as follows:
SECTION ONE. Section 14(d) , paragraph 1 is hereby repealed.
Section 14(d) , paragraph 2 remains in its entirety.
SECTION TWO. Section 29(b) is amended in its entirety to
read as follows:
" (b) As compensation for a franchise granted
pursuant to this ordinance, and in
consideration of permission to use the
streets of the City for the construction,
operation, and maintenance of a cable system
within the City, the grantee shall pay to the
City an amount equal to five ( 5%) percent of
grantee' s gross annual revenues from all
sources attributable to the operations of
grantee within the City. In the event that
it is determined that the FCC lacks the
jurisdiction to impose the five ( 5%) percent
limitation on franchise fees, or that the
limit is raised, then the franchise fee shall
be subject to renegotiation. "
SECTION THREE. Section 15(a) is hereby amended by adding
the following at the end of said section:
"Grantee agrees to provide a free connection
to the City of Wichita Falls Street
Department Facility located at 200 Van Buren
by October 1, 1988. No monthly charge shall
be made for providing basic service to this
building. "
SECTION FOUR. The fifteen ( 15) year franchise term provided
in Section 35 is extended one ( 1) year to April 3 , 1994, provided
that within fifteen ( 15) days after the date of passage the
grantee, American Television and Communications Corporation,
shall file with the City Clerk its unconditional acceptance of
the franchise amendment and promise to comply with and abide by
all its provisions, terms, and conditions, save those which have
been superceded by federal legislation. Such acceptance and
promise shall be in writing duly executed and sworn to, by, or on
behalf of the grantee, American Television and Communications
Corporation, before a notary public or other officer authorized
by law to administer oaths.
PASSED AND APPROVED this the 21st day of June, 1988.
M A Y O R
ATTEST:
„ILL)44,./ -
City lerk
Ad 270627
Affidavit of Publication
ORDINANCE NO.70-88
ORDINANCE WAIVING APPEN-
DIX A SUBDIVISIONS SECTION 9 THE STATE OF TEXAS
(B) (2) (a) OF THE CODE OF
ORDINANCES WITH RESPECT TO COUNTY OF WICHITA
PLACING CURB AND CUTTER
' ON PLEASANT VIEW ROAD,LOT
(Pal1-A( BLOCK 1, , e)
BLOCK 2, FLAVIS AND AND LORENLOT 1E August GREER SUBDIVISION 3rd
ORDINANCE NO.71-88 On this day of
ORDINANCE CLOSING HEAR-
ING AND FINDING CERTAIN 1988
BUILDINGS AND/OR STRUC-
TURES TO BE DANGEROUS: A.D. personally appeared before me, the undersigned authority
I COMMANDING PROPERTY
OWNERS TO REPAIR OR DE- D a r i c e Ming
MOLISH SAID BUIDINGS bookkeeper
AND/OR STRUCTURES WITHIN
THIRTY(30)DAYS OF THE DATE for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
OF THIS ORDINANCE AND
DECLARING AN EMERGENCY Times/Record News, a newspaper published at Wichita Falls in Wichita County,
• ORDINANCE NO.72-88
AN ORDINANCE CLOSING, VA-
CATING,AND ABANDONING A, Texas, and upon being duly sworn by me, on oath states that the attached
' PORTION OF A TWENTY (20)
FOOT WIDE ALLEY EASEMENT IN advertisement is a true and correct copy of advertising published
' LOT 6, BLOCK 1, WILLOW /
BROOK ADDITION, SECTION 1, in one ( 1
WICHITA FALLS, TEXAS issues thereof on the following dates:
ORDINANCE NO.73-88
MAKING AN APPROPRIATION July 29 , 1988
FROM SANITATION FUND EQUI-
TY FOR THE PURPOSE OF PAY-
ING A FLEET LIABILITY SETTLE-
MENT
ORDINANCE NO.74-88
MAKING AN APPROPRIATION
FROM THE LIABILITY RESERVE
FT Bookkeeper for Times Publishing Company
O HE GENERAL FUND FOR THE p g
.PURPOSE OF PAYING A FLEET
•LIABILITY SETTLEMENT of Wichita Falls
ORDINANCE NO.75-88
ORDINANCE AMENDING ORDI-
NANCE 66-83 TO APPOINT THE
PRESIDENT OF THE FRIENDS OF 4L) Subscribed and sworn to before me this the day and year first above written.
THE LIBRARY AS AN EX-OFFICIO -
MEMBER OF THE LIBRARY AD-
VISORY BOARD . ' '
ORDINANCE NO.76-88 , ` �, -mss °
AN ORDINANCE AMENDING
ORDINANCE 32-84, THE LAND- iii,ns>:.: S::7;tY"__;3;-„w72 N1rr��
MARK ORDINANCE, TO ADD
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THE HAMILTON HOUSE AT 1106 1 o N∎z a. LEWIS iM
BROOK AVENUE AND THE
WEEKS-ESTES HOUSE AT #1 Va./Pllb&..,Stab of Texas
AS WICHITA FALLS
LANDM ARKS , EXPireL 5-17- ''
ORDINANCE NO.77-88 4.01X*4*(”$4/°e� C^�CeJJL •
ORDINANCE TRANSFERRING A
TOTAL OF $20,300.00 FROM
ACCOUNT NUMBER
11-233-4113 TO THE FOLLOW-
ING ACCOUNT NUMBERS:
$11,200.00 TO 11-012-4430;
$5,000.00 TO 11-012-4450;
54,000.00 TO 11-012-4520;
AND$100.00 TO 11-012-4491
FOR THE PURPOSE OF BAL-
ANCING APPROPRIATIONS
WITH PREVIOUSLY UNAN-
TICIPATED EXPENSES WHICH
HAVE BEEN INCURRED
ORDINANCE NO.78-88
ORDINANCE AMENDING ORDI-
NANCE 3305, CITED AS THE
"WICHITA FALLS CABLE TELE-
VISION ORDINANCE" TO RE-
LEASE VISTA FROM ITS OBLI-
GATION TO PROVIDE AN AC-
CESS -ONLY STUDIO AND EX-
TENDING THE FRANCHISE TERM
ONE YEAR IN RETURN FOR
RAISING THE FRANCHISE FEE
PAID TO CITY FROM THREE
(3%) PERCENT TO FIVE (5%)
PERCENT,AND PROVIDING FOR
A FREE CONNECTION TO THE
STREET DEPARTMENT OFFICE
FOR PURPOSES OF WEATHER
DETECTION