Ord 108-2003 11/18/2003ORDINANCE NO. L QS -DOOM
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING THE COMPREHENSIVE CABLE
FRANCHISE AGREEMENT WITH TIME WARNER ENTERTAINMENT -
ADVANCE/NEWHOUSE PARTNERSHIP, AS ESTABLISHED BY
ORDINANCE NO. 88 -95, TO PROVIDE A FIVE -YEAR EXTENSION OF
THE AGREEMENT; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, The City of Wichita Falls (the "City ") has granted to Time Warner
Entertainment - Advance /Newhouse Partnership ( "TWEAN ") the non - exclusive right,
privilege and franchise to lay and use lines, wires, coaxial cable and appurtenances for
transmitting, distributing and supplying radio and cable television service along, across
and upon public streets, ways, alleys and places within certain areas of the City; and,
WHEREAS, the Comprehensive Regulatory Franchise (the "Franchise ")
commenced on October 5, 1995 and is set to expire on October 5, 2005; and,
WHEREAS, pursuant to Section 109 of the Franchise, TWEAN is entitled to a
five (5) year extension of the original ten (10) year agreement provided they meet
certain criteria; and,
WHEREAS, Section 109 requires that TWEAN has (a) complied with the
material terms and conditions of the Franchise over the term prior to action by Council;
and (b) TWEAN and the City mutually agree upon any state of the art upgrades
pursuant to Section 89(A)(2) and additional levels of funding for the governmental
access channel not to exceed twice the level of funding specified in Section 121(8) of
the Franchise; and,
WHEREAS, TWEAN upgraded its plant to 750 MHz in December, 1996 and now
offers 197 video and 45 music channels and high speed modem service; and,
WHEREAS, the parties desire to extend the term of the Franchise for additional
five (5) years; and,
WHEREAS, City and TWEAN desire to amend the terms of the Comprehensive
Regulatory Franchise as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. In compliance with Section 109(2) of Ordinance 88 -95, the
Comprehensive Regulatory Ordinance, TW shall provide Government Access Funding
totaling $185,000, to be made in payments of $25,000 each in 2003 and 2004; $26,000
in 2005; $27,000 each in 2006, 2007 and 2008; and $28,000 in 2009
SECTION 2. Section 33, subsection B of Ordinance 88 -95, the Comprehensive
Regulatory Ordinance, is amended to read as follows:
"B. In addition to the requirements noted in Subsection (A) of this Section,
TW shall timely submit those reports, statements, and logs required by this Franchise,
including, but not limited to, the following:
(1) a periodic gross revenue statement in the manner set forth in this
Franchise;
(2) upon request, a periodic certification that answering of phones is
meeting the specifications listed in this Franchise;
(3) upon request, preventive maintenance reports including actual test
results and listing of maintenance performed and the respective
dates; and,
(4) upon request, any other reports or information relative to
performance of franchise obligations."
SECTION 3. Section 34, subsection E of Ordinance 88 -95, the Comprehensive
Regulatory Ordinance, is amended to read as follows:
"E. TW shall keep complete and accurate books and records of the key
aspects of the multi - channel system's operation for at least the preceding two (2) years
in such a manner that all matters pertaining to the franchise performance of franchise
obligations in the City can be easily produced and /or verified at the City's request. Also,
TW shall make available and produce upon request, any other application records and
information that may be required by any other Federal or State agency having
jurisdiction over TW, with respect to the Wichita Falls MCS system."
SECTION 4. Section 111, subsection I of Ordinance 88 -95, the Comprehensive
Regulatory Ordinance, is amended to read as follows:
"I. All annual reports due and pertaining to the payment of franchise fees will
be certified by an officer of TW, and such provider shall maintain records used in the
preparation of said report, to be produced in their originality and totality upon request or
demand by the council /franchising authority for at least a three (3) year period."
SECTION 5. Pursuant to Section 109 of the Franchise, the new expiration date
shall be October 5, 2010.
SECTION 6. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 18th day of November, 2003.
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ATTEST:
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City Clerk